Indiana Election Division Oaths, Bonds, & Hearings

Oath of Office

“I do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of Indiana, and the laws of the Untied States and the State of Indiana. I will faithfully execute the duties of my office of Supreme Court Justice, so help me God.”

Pomp and Circumstance or Legally Significant? Who? What? When? Where? Why? How? IC and IC

Depositing Oath Officer must: * Sign the oath; * Attach it to the Commission or Certificate of Election; and * Deposit it with the appropriate authority Clerk-most local offices Secretary of State-Statewide offices, judges, prosecutors General Assembly-Governor/Lt. Governor oaths

Offices Commissioned by Governor Attorney General Secretary of State Superintendent of Public Instruction Auditor of State Treasurer of State Supreme Court Justices Court of Appeals judges Circuit Court Judges Superior Court Judges County Prosecutors Circuit Court Clerk County Auditor County Recorder County Treasurer County Sheriff County Coroner County Surveyor Several appointed offices

Unusual Issues Clerk issues Certificate of Election to unopposed candidates IC Clerk issues Certificate of Election to Precinct Committeemen and State Convention Delegates For offices crossing county lines, the clerk in the county with the greatest percentage of population shall issue the Certificate of Election IC (b)

Performance Bonds Insurance policy certain officials who handle money must obtain (similar to malpractice insurance) Amount set by statute or statute directs how amount is calculated Failure to file a required bond=holdover

Which Elected Officials Must Post a Bond? Statewide officials Prosecutors County Officials-auditor, treasurer, recorder, surveyor, sheriff, and coroner City Officials-judges, controllers, clerks, and clerk treasurers Town Officials-judges and clerk-treasurers Township Officials-trustee and assessor

Where are Local Bonds Filed? County Recorders receive most local bonds Clerk receives the County Recorder’s bond IC 5-4-1

County Election Board Hearings Election law complaints Campaign finance issues Candidate challenges

Election Law Complaints Initiated by a written complaint (preferred) Clerk or staff can present complaint for initial determination (IC ) Complaint should involve 2 different meetings of the county election board

Handling an Election Complaint 2 meetings, pursuant to IC Clerk or staff presents complaint CEB votes on whether complaint states an election law violation If Title 3 implicated, conduct investigation CEB holds 2 nd hearing, with individual notice to the complainant and one alleged to have committed the violation-fact finding hearing Parties have 30 days to appeal

Examples of Valid Title 3 Complaints Disclaimer violation Mishandling of VR or ABS applications Mishandling of absentee ballots Paying people to vote, register or request an absentee ballot NVRA or HAVA complaints Unauthorized entry into polling place

Examples of Invalid Title 3 Complaints Slander, Libel, Defamation Breach of Contract Collection of a debt Negligence Stealing yard signs Anything involving tv, radio, and internet

Campaign Finance Issues IC requires CEB to determine if committees are delinquent or have filed defective reports CEB sends individual notice to committees who are delinquent or file defective reports-given an opportunity to correct defect CEB sends individual notice to committees of time, date, and location of fact finding hearing CEB can issue an order assessing civil penalty Committees have 30 days to appeal

Candidate Challenges Must be initiated by voter of the election district CAN-1 form, must be filed timely CEB must provide individual notice to challenger and challengee of time, date, and place of hearing (best possible notice) Challenger bears burden of proving case CEB votes on whether candidate qualified Parties have 30 days to appeal

Examples of Candidate Challenges Residency Registered voter of the election district Age (some offices) Durational residency (some offices) Hatch Act issues Licensing or certification issues Felony conviction (Expungement exception)

Summary CEB wears many hats, including fact finder Election law complaints Campaign finance issues Candidate Challenges Parties have 30 days to appeal Thank you for serving!