IVRA Conference July 19, 2012

1. IVRA ConferenceJuly 19, 2012 • Public Access to Voter Registration Records • Retention Requirements • Reminder: Military and Overseas Voters have special registration procedures.

2. 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”.

3. Exceptions • Confidential Information • Records concerning declinations to register at voter registration agency (IC 3-7-30-2) • Records indicating “the identity of the voter registration agency through which a person registered”, such as BMV or WIC (IC 3-7-30-1) • Records of “attorney general confidentiality program for abused persons) (IC 5-26.5-2)

4. Attorney GeneralConfidentiality 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.

5. Inspection and Copying Original Paper Records • Posting information about policies and fees: • Office can require written request to inspect or copy. IC 5-14-3-3. • Office can require request to identify with “reasonable particularity” the documents being sought. • “Purpose of request” cannot be required to produce documents.

6. Copying Fees • County council (fiscal body) to adopt fee schedule (not more than 10 cents per page, or “actual cost”, whichever greater. IC 5-14-3-8) • Posting copying fee schedule can reduce confusing or controversy.

7. 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?

8. 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 3-7-27-6). • 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.

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

10. 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

11. Commercial Uses – VR Information

12. 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

13. 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 5-14-3-2 • Once you create a record, it is presumably a public record.

14. 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

15. 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.

16. 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).

17. VR Record Retention • When time comes to dispose of VR records, transfer to county commission on public records for disposal. IC 3-7-27-19. • Need space? Original registration affidavits may be stored in “secure location outside of county VR office.” IC 3-7-27-22.

18. Military & Overseas Voters - Reminders • Extended voter registration deadline: • VR application from Military and Overseas voters can be received as late as Monday, October 29, 2012. • Federal Postcard Combined Application: • See federal “Standard Form 76A” – both a registration application and request for absentee ballot.

19. 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.

20. 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

21. Military & Overseas Voters - Resources Federal Voting Assistance Program U.S. Department of Defense www.fvap.gov 800-438-8683 For both military and overseas voters