IVRA Conference July 19, 2012  Public Access to Voter Registration Records  Retention Requirements  Reminder: Military and Overseas Voters have special registration procedures.

Public Access to VR Public Perception v. the Law  Public Perception that their own voter registration records are private.  Notwithstanding political mailings and poll lists…  The Public Records Law provides, as a general rule, that all paper voter registration records may be “inspected and copied”.

Exceptions  Confidential Information  Records concerning declinations to register at voter registration agency (IC )  Records indicating “the identity of the voter registration agency through which a person registered”, such as BMV or WIC (IC )  Records of “attorney general confidentiality program for abused persons) (IC )

Attorney General Confidentiality Program  Not the same as a generic “Protective Order”  Application to participate must be submitted to and approved by Attorney General.  Participation for 2 years, and can be renewed.  Small, but growing, population in program.

Inspection and Copying Original Paper Records  Posting information about policies and fees:  Office can require written request to inspect or copy. IC  Office can require request to identify with “reasonable particularity” the documents being sought.  “Purpose of request” cannot be required to produce documents.

Copying Fees  County council (fiscal body) to adopt fee schedule (not more than 10 cents per page, or “actual cost”, whichever greater. IC )  Posting copying fee schedule can reduce confusing or controversy.

Electronic VR Lists  Do you have to provide an electronic list of the voters in your county upon request?  A. What is county policy?  B. Is it for commercial use?  C. Is it a customized report for this user, or is it a standard report that you produce?

County Policy  County Election Board required to adopt policy about whether county voter registration office DOES or DOES NOT provide copies of VR information in electronic format. (IC ).  Do you have a copy of your county election board’s policy? If not, ask CEB to address this requirement now, with written decision to be included in CEB minutes.

County Policy - Application  Must be “uniform and nondiscriminatory”  Cannot treat candidates or political parties differently than everyone else.

Commercial Uses – VR Information  Computerized VR Information can only be provided by county AFTER person completes and signs VRG-24 form –  Application for County Voter Registration Computerized Data

Commercial Uses – VR Information

Prohibited Uses Computerized VR info cannot be:  Used to solicit merchandise, goods, services, or subscriptions (such as to newspapers)  Sold, loaned, given, or delivered to another person for purpose other than political activities or political fundraising

Customized Reports  Public Records Law does not require county voter registration office to produce “customized reports upon request.”  What you do for one, you do for all – “uniform nondiscriminatory policy” IC  Once you create a record, it is presumably a public record.

VR Record Retention  As long as individual voter is “active” or “inactive”, keep everything:  Original application  Transfers and updated voter registration applications, even duplicates  Mailings to or correspondence with voter

VR Record Retention  Once voter’s registration is CANCELLED,  Keep all documents for that voter for at least 2 years after cancellation.  May be convenient to dispose of records in batches, based on date of general elections. For example, since more than 2 years have passed since the 2008 election, so any cancelled registration record from 2008 or earlier can be disposed of.

VR Record Retention Schedule  As a “rule of thumb”, keep everything for 2 years, including:  Rejected registration applications.  Declinations from voter registration agencies.  All voter list maintenance program documents, including postcards, lists, and other info received or created as part of program.  Cancellations received for out-of-state voters.  Poll lists (even though 22 months required).

VR Record Retention  When time comes to dispose of VR records, transfer to county commission on public records for disposal. IC  Need space? Original registration affidavits may be stored in “secure location outside of county VR office.” IC

Military & Overseas Voters - Reminders  Extended voter registration deadline:  VR application from Military and Overseas voters can be received as late as Monday, October 29,  Federal Postcard Combined Application:  See federal “Standard Form 76A” – both a registration application and request for absentee ballot.

Military & Overseas Voters - Reminders  Super extended voter registration deadline:  Certain military, spouses, and dependants not civilian overseas) can register and vote as late as noon on election day in very specific cases.  Must have been absent from Indiana during regular registration period (ending October 9), and now back home.  Show discharge or reassignment order dated during last registration period.

Military & Overseas Voters - Reminders  Super extended voter registration deadline:  Military voter or family member who qualifies under this special procedure must vote:  In person at circuit court clerk’s office  Cast an absentee ballot

Military & Overseas Voters - Resources Federal Voting Assistance Program U.S. Department of Defense For both military and overseas voters