Indiana Election Division: Trent Deckard, Co-Director Candidate Challenges

Challenge Overview Placement of any individual on primary or general ballot may be challenged IEC deals with candidates: – Federal – Statewide – State legislative – Judicial offices – Prosecutor

Challenge Overview CEB deals with candidates: – Clerk – County Offices – Township – Town – School Board – Precinct Committeeman – State Convention Delegate

Challenge First Step Registered voter of the election district must file a sworn statement Statement must question eligibility of candidate and set forth facts This statement takes form in the CAN-1

CAN-1 Used to challenge: – Eligibility of candidate – Declaration of candidacy – Declaration of intent to be a write-in candidate – Request for ballot placement – Petition or candidate’s consent to nomination – Certificate of candidate selection

CAN-1 Requires: Name and that they are a registered voter of precinct, township or town, and county Must state the name of candidate and office sought Lays out facts Requests a hearing Signer affirms penalty of perjury statement

CAN-1 Exception SOS and Clerk can determine if candidate has enough signatures to qualify for nomination If not enough, they deny (ind./minor parties) Candidate can challenge denial using CAN-1

Top reasons to challenge Residency issues (length and location) Felony conviction Age Party affiliation Hatch Act – For more information – U.S. Office of Special Counsel

What’s next? CEB (or IEC) determine challenge validity Make every effort to notify candidates and interested parties Could be informal, given timing Candidate could file objection to notice, but if does not objection is waived CEB must follow open door law

Indiana Open Door Law Easy mistake, biggest compliant! All meetings of CEB subject to Open Door Law In most cases, 48 hours notice must be given (does not include weekends or holidays) Written agenda must be posted at office Deliver or mail notice to all news media who would normally request such notice (IC )

Challenge Deadlines Noon, Friday, Feb. 17 for pre-primary challenges Thursday, March 1 – determination of challenge Noon, Friday, Aug. 10 for pre-general challenges of write-in candidates Friday, Aug. 17 – determination of write-in challenge

Challenge Deadlines Noon, Friday, Aug. 24 for pre-general challenge of statewide or leg. Candidates, certificates of nomination, petition validity, and appeal of denial of certification Noon, Friday, Aug. 31 for challenge to petition for school board office Noon, Tuesday Sep. 4 for town challenges

Challenge Deadlines Friday, Sep. 7 – determination of challenges to vacancy filling, petitions of nomination, denial to petition certification, and statewide dismissal Noon, Tuesday, Oct. 23 – challenge for late vacancy fillings Tuesday, Oct. 30 – determination of late vacancy challenge

Challenge Recommendation Have CEB proceeding recorded Record will provide instant play back Could be appealed! Those challenged should seek advice from counsel, not CEB and avoid potential for conflict

Challenge Hearing Conducted and determined by CEB In addition to CAN-1, challenger may supply supplemental information Challenger bears burden Candidate may have an attorney May also provide supplemental information Again, record!

Determination of Hearing CEB makes ruling Ruling could be appealed and filed with clerk, within 30 days after ruling

Helpful Challenge Tips Record Be aware of deadlines – check 2012 Election Calendar Daily Stay tuned for potential issues Remember timelines for dispensing challenge Consult us where appropriate!