Legislative Update Refresher on 2016 election law changes

Voter Registration Third-Party Delivery of VR Applications – 10 day deadline to submit Starts when the person first received the application Applies whether the person fills out the state or federal form. Processing Apps When Registration is Closed – May now process late arriving applications Designate application as “incomplete” until registration re-opens IC | IC

Voter Registration Post-Election Updates (IC ) – After an election, VR office may update a voter’s record using poll lists and now VRG 4/12 forms. IC

Voter Registration College Student Residency – Like any other voter, college students can only register at one location May register at either school OR home address – Intent of where the student plans to live during the summer/winter breaks or upon graduation may not be factored in to decision to approve their registration Violation of election law to challenge a voter based on if/where they attend school and where they live while at school IC

Voting Procedures 17-year olds may vote on political party office on primary ballot – Change now allows an ‘underage’ voter to vote for state convention delegate and precinct committeeperson Underage voter cannot vote on referendum or public question – May require a “special” 17 year-old ballot IF a referendum or public question is on the primary election ballot IC

Voting Procedures Lines at the end of Election Day – Identify the last person in line Designate a person to stand at the end of the line Stamp hands of eligible voters hands OR Write down names of eligible voters IC

Voting Procedures Absentee Voters – Did NOT receive absentee mail ballot Can vote at polling place on Election Day MUST fill out a PRE-5 form – Complete and hand to poll worker – Receives a REGULAR ballot » Does NOT vote provisionally unless there is another statutory reason to do so IC | IC

Voting Procedures Absentee Voters – DID receive absentee ballot Can vote at polling place on Election Day MUST bring absentee ballot – Voter gives absentee ballot to Inspector, who writes CANCELED on the outside » Goes in spoiled ballot bag – Voter votes a regular ballot Central Count Counties: No longer a requirement for voter to bring ABS ballot to CEB for permission to vote at polls IC | IC

Absentee Voting Absentee Travel Boards – Begin 19 days out from election Used to be 12 days before Voter Signature on Application – Voter unable to sign their absentee ballot application may designate someone to do so for them Previously required election board to designate someone IC | IC

Absentee Voting ed ABS Application – CEB can accept ed absentee applications No longer just for military/overseas voters Application changes – ABS Mail New reason for absentee voting – Lack of available transportation – ABS Attorney General Residence is stricken from the form for voters in the AG’s address confidentiality program IC & IC | IC | IC

Absentee Voting ABS Voter Boards Deadline for PRECINCT Count County – 50 days before Election Day: County election board to notify county chairman of # of boards to be appointed Changed from 38 days – 46 days before Election Day: County chairman to make recommendations for persons to serve Changed from 31 days CEB can appoint ABS voter boards IF party chairs fail to file their recommendations by deadline date (applies to precinct OR central count county) Deadlines for appointing ABS voter boards in a CENTRAL COUNT county remain the same (IC ) 11 IC

Absentee Voting Watchers at Central Count Sites – Major political parties can appoint the same number of watchers as there are teams of ballot counters Watchers MUST follow same rules at central count site as those at the polling location: no disrupting the process or touching materials! 12 IC

Absentee Voting Public Inspection of ABS Applications – ABS Mail & ABS Traveling Board Forms Application MUST be scanned or copied – Before application is attached to the security envelope (ABS-6) – ABS In Person Form Requirement DOES NOT apply to in-person absentee application IC

Candidate Challenges County chairman of major political party may challenge a local candidate’s qualifications to be on the ballot – County chairman is not required to live in exact district of the candidate being challenged – Does NOT include statewide or state legislative offices Must still be challenged by a voter IC

Reprinting General Election Ballots Must reprint GENERAL election ballots, IF: – Ballot vacancy occurs in your county – Political party fills the vacancy before noon, 5 days before Election Day 15 IC

Reprinting General Election Ballots Domino effect: – Requires new public test of voting equipment 48-hour meeting notice required under Open Door law – May be possible to apply emergency provisions under IC (d), however – Absentee voters Do your best to contact them and ask to fill out ABS-5 before issuing a new ballot – If no new ballot issued: » Straight ticket votes cast will count for a successor candidate BUT » Votes cast directly for the former candidate will not count for the successor candidate 16 IC | IC | IC

Death of Candidate Candidate dies before the primary, then: – Votes are to be tabulated If the deceased candidate wins the election, the political party of the deceased candidate may fill the vacancy before the general election 17 IC | IC

Oaths Incumbents Holding Over – No oath is necessary for an incumbent holding over in office Holdover occurs when there are no candidates for an office on the general election ballot leading to the current officeholder to continue for another term. Newly Elected Officials – MUST take oath of office no later than 30 days from the beginning of their term Failure to do so would lead to a holdover IC

Definition Clarification “Poll” is defined to be consistent with the rest of the election code – Poll is the room where voting occurs on Election Day – Poll does not refer to the clerk’s office or any satellite voting locations IC | IC

Inspector Serving Multiple Precincts CEB must UNANIMOUSLY approve resolution to allow an inspector to serve more than one precinct at the same polling location – Inspector only needs to take one oath – May be provided a greater per diem IC

Watchers, Challengers, Pollbook Holders Precinct election officers – May NOT be watchers, challengers, or pollbook holders – EXCEPTION: Poll Clerk may continue to keep a list provided to the parties of those who have voted 21 IC

Party Watchers for Satellite Voting Political parties may appoint 2 watchers for each satellite absentee voting location – Watchers may: Inspect voting systems before ballots are received Inspect work being done by elected officials, board members, and county employees Enter, leave, and reenter facility at any time Witness proceedings of election board at a satellite office – Watchers may NOT disrupt the voting process 22 IC

Precinct Size Limit Increase Precincts may NOT contain more than 2,000 active voters – Up from 1,200 EXCEPTION: – Precinct may contain 2,300 active voters (up from 1,500) if containing: An entire township An entire city common/town council district A single residential structure IC

Primary and Special Election Exception created for the publication of candidate addresses for primary and special elections: – Judges – Law Enforcement Officers – Victim of Domestic Violence IC | IC Candidate MUST submit request in writing to the CEB 24

Special Elections Counties and towns must file a notice of a special election with the Election Division within 7 days of receiving writ of special election – Previously 30 days IC

Campaign Finance Penalties Counties may continue to collect penalties for campaign finance violations – Funds do not revert at the end of the fiscal year Upon approval from the county council, funds collected may be used for any election administration purpose – Change from using funds for campaign finance purposes 26 IC

Hunting and Fishing Referendum 2014 and 2015 General Assemblies passed a joint resolution to amend the Indiana Constitution: – Provide that people have a right to hunt, fish, and harvest wildlife As a result, this language will be on the ballot for November’s general election 27 Senate Joint Resolution 2 (2015)

Special Study Committee on Redistricting The legislature created a 12-person special study committee to evaluate Indiana’s current redistricting process – Legislative Members Rep. Bartlett, Sen. Hershman, Sen. Lanane, Sen. Miller, Rep. Moed, Rep. Richardson, Sen. Tallian & Rep. Torr, – Lay Members Justice Boehm, Beverly Gard, Sheila Kennedy & Tom Sugar If you have concerns or opinions about the issue, please contact your legislator or a member of the study committee 28 IC

Questions? Staff Resources – Co-Directors Brad King – Angie Nussmeyer – – Attorneys Matthew Kochevar – Dale Simmons – Online Resources – SOS in.gov/SOS/elections – General Assembly in.gov/IN/legislative – Indiana Code in.gov/IN/legislativ/IC/code 29