1 / 19

Indiana Election Division

Indiana Election Division. Oaths, Bonds, & Hearings. Oath of Office. Oath of Office.

btune
Télécharger la présentation

Indiana Election Division

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Indiana Election Division Oaths, Bonds, & Hearings

  2. Oath of Office

  3. 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.”

  4. Pomp and Circumstance or Legally Significant? • Who? • What? • When? • Where? • Why? • How? • IC 5-4-1 and IC 34-42-4-1

  5. 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

  6. 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

  7. Unusual Issues • Clerk issues Certificate of Election to unopposed candidates IC 3-12-5-3 • 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 3-12-5-2(b)

  8. 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

  9. 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

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

  11. County Election Board Hearings • Election law complaints • Campaign finance issues • Candidate challenges

  12. Election Law Complaints • Initiated by a written complaint (preferred) • Clerk or staff can present complaint for initial determination (IC 3-6-5-31) • Complaint should involve 2 different meetings of the county election board

  13. Handling an Election Complaint • 2 meetings, pursuant to IC 3-6-5-31 • Clerk or staff presents complaint • CEB votes on whether complaint states an election law violation • If Title 3 implicated, conduct investigation • CEB holds 2nd hearing, with individual notice to the complainant and one alleged to have committed the violation-fact finding hearing • Parties have 30 days to appeal

  14. 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

  15. 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

  16. Campaign Finance Issues • IC 3-9-4-14 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

  17. 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

  18. 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)

  19. 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!

More Related