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					       Association of Circuit
       Court Clerks of Indiana
       Annual Conference
       June 7, 2011
         2011 Election Law Update




       Brad King and Dale Simmons
Co-General Director and Co-General Counsel,
         Indiana Election Division
Election Law Changes
By 2011 General
Assembly
   Absentee Voting
   Military and Overseas Voters
   Ballot Design and Layout
   School Board Elections
   Candidate Filing Period
   Voter Registration Boards
   Vote Centers
   Precincts and Redistricting
Where to find new
laws?
   Indiana General Assembly
    website:
       www.in.gov/legislative
   Election Division 2011
    Legislative Summary:
       www.in.gov/sos/elections/3391.h
        tm
   New Election Code Book
       Available December 2011
Effective dates
   July 1, 2011 for most changes.
   Some already in effect when
    signed into law by Governor in
    May.
Absentee Voting:
In-person locations
   In-person absentee voting
    permitted at one location of
    clerk’s office designated by
    clerk.
   In-person absentee voting
    permitted at satellite offices
    designated by unanimous
    resolution of CEB.
   If satellite offices established for
    primary, offices at general
    election must have same hours
Absentee Voting
   Absentee voter who marks and
    returns absentee ballot cannot
    vote in person at the polls on
    election day (no more “beating
    the ballot”) except:
     If voter was sent absentee
      ballot, but did not return it.
     Voter’s absentee ballot rejected
      as defective.
Absentee Ballot
Application
Deadlines
   Standard date for receiving
    applications: Not earlier than
    when registration reopens after
    election.
   Application to vote by mail
    received by 11:59 p.m. on 8th day
    before election (all of Monday
    available).
   Indiana Election Division receipt
    of applications.
Military and
Overseas Voters
   Absentee ballot application from
    military and overseas voter valid
    through December 31 following
    submission (instead of for 12
    months)
   Applies to all standing
    applications (no
    “grandfathering”)
   Same rule applies to attorney-
    general address confidentiality
    voters.
Military and
Overseas Voters
   Voter Registration Application
    Deadline 10 days before election
    day.
     Formerly “when poll list
      printed.”
     Subject to “same requirements
      and procedures” as application
      from other voters during open
      registration period.
Ballot Design and
Layout
   Public questions first:
     State constitutional
      amendments and local public
      questions come before any
      offices.
     Judicial retention questions
      (state or local) remain in same
      position on ballot.
Ballot Design and
Layout
   Uniform State Certification Date
       Beginning in 2012, certification
        of state public questions, ballot
        symbols will take place at same
        time (mid-August) as
        certification of state level
        candidates.
Ballot Design and
Layout
   Sample ballots no longer
    “exact” copies of official ballots;
    altered to prevent counting as
    votes.
   Printing candidate designation
    (such as “12A” by name) is
    county-option, not requirement.
   School board candidates no
    longer required to be listed in
    separate column; non-partisan
    title.
Provisional Ballots
   Provisional ballot material remains
    under seal until time for filing recount
    and contest petition has passed.
   After that date (or expiration of any
    impoundment order), provisional
    ballot material available for public
    inspection
       Except provisional ballots themselves
       Personal info about voter other than
        name, address, DOB. (tel #, for ex.)
School Board
Elections
   Beginning in 2012, all school
    board members will be elected
    at the general election, not at the
    same time as primary.
   End of “school board only”
    ballots.
   Depending on political party
    office contests in primary,
    significant reduction in “17 year
    old” ballots.
New Type of School
Referendum
   13 school corporations who lost
    revenue under the “circuit
    breaker” law may conduct new
    type of referendum to refinance
    school bonds.
   Requires school board
    resolution, and certification to
    county election board.
Candidate Filing
Deadlines
   All deadlines before May 2012
    primary “moved back” by
    exactly 2 weeks.
   Filing period for D and R primary
    candidates: January 11 through
    noon, February 10, 2012. (Still 30
    days)
   Filing period for US Senate &
    Gov primary candidates:
    January 11 through noon,
    February 7, 2012.
Candidate Filing
Deadlines
   Filing period for U.S. Presidential
    Primary candidates: January 11, 2012
    through noon, January 31, 2012.
   Deadline for pre-primary withdrawal:
    Noon, February 13, 2012.
   Deadline to challenge statewide or
    legislative candidate: Noon, February
    17, 2012.
Uncontested city
and town elections
   If there is only one candidate
    (including write-ins) for a city or
    town council seat, and only
    voters of the district vote for
    that seat, then there is
    automatically an election held
    just in that council district.
   Former law required a CEB
    resolution to hold the election
    just within that district.
“Small Town”
Candidates
   Town Convention can now be
    held no later than August 21
    (instead of August 20).
   First day for town candidates to
    file is same as primary
    candidates (January 11, 2012)
Independent
Petition Candidates
   First day to file petition with
    county voter registration office
    is same as first date for primary
    candidates to file (January 11,
    2012, instead of January 1,
    2012).
   County voter registration office
    certifies signatures if signer is
    voter when petition processed.
Petition Processing
   When county voter registration
    office finishes processing U.S.
    Senate, Governor, or
    Presidential Primary petitions,
    county may return petitions to
    candidate for filing with state.
   Petitions for these statewide
    candidates approved after
    December 1, 2010
    “grandfathered” despite date
    changes.
Ballot Vacancies
   County chairman can designate
    another person to preside at
    caucus.
   If a “committee of party
    officers”, (such as the chair,
    vice-chair, secretary, and
    treasurer), can fill ballot
    vacancies, the committee must
    follow the requirements to file
    copies of notice with the clerk.
    Candidates must file CAN-48
    with clerk.
Office Vacancies
   State party chairman can
    designate another person to
    preside at caucus to fill state
    legislative office vacancy.
   County party chairman can
    designate another person to
    preside at caucus to fill local
    office vacancy.
Campaign Finance
Disclaimers
   Disclaimers required to be placed in
    printed campaign material must be
    sufficient type size to be “clearly
    readable” and must have color
    contrast.
       12 point font size for yard signs, direct
        mailing, newspaper. 7 point font size
        for other items (such as business
        card).
       Black text on white background or
        similar contrast.
       CEB can impose $1000 penalty.
Voter Registration
Boards
   County commissioners (except in
    Lake, Marion, Tippecanoe Counties)
    may adopt order by unanimous vote
    to:
       Establish separate board of
        registration
       Rescind a previous order to establish
        board of registration.
       Abolish a board of registration
        formerly required by state law due to
        county population size.
   Order effective immediately (unless
    adopted in final 60 days before
    election).
Voter Registration
Applications
   Voter registration applications
    received by the Indiana Election
    Division subject to same
    deadlines as applications
    received at county.
   Obsolete procedures repealed:
     Incomplete application from
      BMV does not require IED to
      first notify BMV of missing info.
     No manual updating of
      addresses on old VR cards.
Voter Registration
Applications
   BMV may deliver paper copies of
    voter registration applications to
    county voter registration office by
    first class mail (instead of certified
    mail).
   If county VR office receives electronic
    application, county is not required to
    wait for paper copy before processing
    application (including approval,
    denial, acknowledgment notice).
Voter Registration
Records
   New deadline: County voter
    registration offices must update
    voter history no later than 60
    days after election, unless
    recount or contest is filed. In
    that case, no later than 60 days
    after recount or contest
    completed.
Vote Centers
   Any county may use vote
    centers in an election.
   County election board must
    develop vote center plan by:
     Preparing draft.
     Public hearing on draft.

     30 day comment period.

     Unanimous vote to approve plan
      (as drafted or amended)
Vote Centers
   County plan must be filed with
    Election Division (but no
    requirement for state approval).
   Resolutions by county
    commissioners and county
    council to establish vote centers
    in county.
     Not required to be unanimous.
     Not required to adopt detailed
      plan.
Vote Centers
   Becomes effective immediately
    upon filing of order with Election
    Division.
   Remains in effect until CEB
    unanimously adopts new order
    to rescind or amend plan, and
    files new order with Election
    Division.
Vote Center Plans
   Plan must:
     Include total number and
      location of vote centers.
     Include number and title of
      workers at each vote center.
     Description of hardware,
      firmware, software used for
      electronic poll books to permit
      data sharing.
     Security and contingency plans.
Vote Center Plans
   When number of “active” voters
    in county is at least 25,000, plan
    must provide at least one
    additional vote center for each
    10,000 voters or fraction of
    10,000 voters.
   “Active” refers to a voter who is
    not designated as “inactive” in
    statewide voter registration
    system under voter list
    maintenance program.
Vote Center Plans
   Electronic poll book:
     Must take coordination by 2
      precinct officers of different
      political parties to access
      system.
     May include electronic image of
      voter’s signature from
      registration.
     May be in format approved by
      SOS.
     Must provide information
      transfer to prevent multiple
Vote Centers and
Precincts
   Ballots for each precinct must
    be kept separate.
   Vote totals required for each
    precinct for each candidate and
    public question.
   Satellite voting required in at
    least one vote center location
    for 2 Saturdays preceding
    election.
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posted:9/15/2011
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