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Cities & Large Towns

Cities & Large Towns. South Bend. Dale Simmons Co-General Counsel Indiana Election Division. Paoli. CITY AND LARGE TOWN ELECTIONS: OVERVIEW. MUNICIPAL ELECTION RULES BROKEN DOWN INTO TWO MAJOR CATEGORIES :

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Cities & Large Towns

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  1. Cities & Large Towns South Bend Dale Simmons Co-General Counsel Indiana Election Division Paoli

  2. CITY AND LARGE TOWN ELECTIONS: OVERVIEW MUNICIPAL ELECTION RULES BROKEN DOWN INTO TWO MAJOR CATEGORIES: • Cities and Large Towns include all Cities and all Towns with a population of 3,500 or more (IC 3-10-1; IC 3-10-6) • Small Towns are those with a population of less than 3,500 (IC 3-8-5; IC 3-10-7) • Population is measured by census population, not by registered voters

  3. CITIES AND LARGE TOWNS OFFICES UP FOR ELECTION • CITIES: Mayor, City-County Council (Indy), Common Council, City Clerk and City Judge (if created) • LARGE TOWNS: Town Council, Town Clerk-Treasurer and Town Judge (if created) • Note: All city offices up in 2015 but check for possible staggered terms ordinances for some large towns

  4. CITIES AND LARGE TOWNS THREE GOOD QUESTIONS • Who is responsible for conducting the election? • How are candidates nominated in a municipal election year? • Who pays for the election?

  5. CITIES AND LARGE TOWNS WHO RUNS THE ELECTION FOR CITIES AND LARGE TOWNS? County election board, county executive, circuit court clerk, and members of political parties same rights and duties in municipal elections as they do in primaries and elections in general election years (IC 3-10-6-8)

  6. CITIES AND LARGE TOWNS Nominating Candidates- Different Forms • Democrats and Republicans file a declaration for the May 5, 2015 primary (CAN-42 and CAN-12) • Petition candidates file petitions and consent (CAN-44, CAN-45 and CAN-12) • Libertarian Party nominates candidates at a convention (CAN-22 and CAN-12) • Write-in candidates (CAN-51 and CAN-12) • There are no write-in candidates for primary • Write-in candidates names are not printed on the November 3, 2015 municipal election ballot

  7. CITIES AND LARGE TOWNS Primary Deadlines & Forms • Primary Filing Period: January 7, 2015- noon Friday, February 6, 2015 (CAN-42 & CAN-12) • Primary Withdrawal Deadline: Noon Monday, February 9, 2015 (CAN-43) • Challenges: Must file by noon Friday, February 13, 2015 (CAN-1) and decided by noon Thursday, February 26, 2015

  8. CITIES AND LARGE TOWNS IS A PRIMARY REQUIRED? • If no candidate files for a party for any office then that party may not hold a primary • If no contest within a party, but at least 1 candidate filed, then that party may hold a primary if that party’s County Chairman files a written “notice” to hold primary no later than noon February 13, 2015 (IC 3-10-6-4)

  9. CITIES AND LARGE TOWNS IS A PRIMARY REQUIRED? • General Rule: If a party has a contested race, or elects to have a primary when there are no contests, all of the party’s candidates are on ballot. • Exception to General Rule- Limited Primary: • Only contested race for any party is for single-member council districts (only the voters in that district vote for candidate from that district) and • No contest in any party to be voted on by everyone in city or town Then CEB may, by unanimous vote, have a primary election only in the contested council districts (IC 3-10-6-4(g))

  10. CITIES AND LARGE TOWNS WHAT IF WE HAVE NO PRIMARY OR MUNICIPAL ELECTION? • Election Certification: Unopposed candidates certified as nominated or elected whether or not election is held (IC 3-10-6-4(e); IC 3-12-5-3) • Campaign Finance: All candidates must file pre-primary or pre-municipal report whether or not there is a primary or municipal election (IC 3-9-5-9(d)) • Voter Registration:Registration does not close in parts of county where no primary or municipal election is held

  11. CITIES AND LARGE TOWNS Other Candidates- Forms and Deadlines • New D and R Post-Primary ballot vacancy forms (CAN-47,48, 49 and 12) • Detail on ballot vacancy procedures and deadlines will be covered at the Spring Clerk Conferences • Post-Primary withdrawal deadline noon July 15 (CAN-46 form) • Post-Primary Challenges for ballot vacancy, petition, and write-in candidates listed in calendar (CAN-1)

  12. CITIES AND LARGE TOWNS CITIES AND LARGE TOWNS IN TWO COUNTIES • Candidate Declarations, with the required CAN-12, must be filed in the County that contains the greatest percentage of population of the city or large town (IC 3-8-2-6) • Candidate Petitions must be filed in each county where the election district is located for certification but certified petitions must be filed with other candidate documents (CAN-45 and CAN-12) in the county with the greatest percentage of population of the city or large town (IC 3-8-6-10; IC 3-8-6-12)

  13. CITIES AND LARGE TOWNS CITIES AND LARGE TOWNS IN TWO COUNTIES • County election board of the county that contains the greatest percent of population: • May designate polling places for the election located in any county where city or town located • Shall appoint precinct election officers upon nomination by the county chairman of county where precinct is located (or fill vacancies) • Shall obtain results from other counties, certify totals and issue certificates of election after municipal election • (IC 3-6-5-15; IC 3-10-6-4; IC 3-12-5-2; IC 3-8-7-1)

  14. CITIES AND LARGE TOWNS CITIES AND LARGE TOWNS IN TWO COUNTIES • County election board of the county that contains the lesser percent of population shall: • Print ballots for voters of its county • Conduct absentee voting for the voters of the county and receive and process those absentee ballots • Provide poll lists for voters in its county and issue any certificate of error or other document for voters of the county • Canvass the votes cast by voters of the county and certify the results to the county with the greatest percent of population of city or town

  15. CITIES AND LARGE TOWNS CITIES AND TOWNS IN TWO COUNTIES- • The two counties should communicate • County with the largest population- certify candidates, polling places, to county with smaller population for ballot preparation and election notices • County with the smaller population- certify election results to county with the largest population (IC 3-12-5-2)

  16. CITIES AND LARGE TOWNS IS A MUNICIPAL ELECTION REQUIRED? • General Rule: All candidates placed on the ballot. (IC 3-10-6-7.5(b)) • Exception #1: If there are no contests (no more candidates than seats up for election for any office, including write-in candidates) then county may pass unanimous resolution to not have election (IC 3-10-6-7.5(d)) • All uncontested candidates not on the ballot issued a certificate of election as if elected (IC 3-12-5-3)

  17. CITIES AND LARGE TOWNS IS A MUNICIPAL ELECTION REQUIRED? • Exception #2: • Only contest for city or town council seat(s) • Only voters who reside in the city or town council district may vote for the city or town council candidate from that district • There is no election to be voted on by all voters of the city or town County election board may adopt unanimous resolution to hold election only for contested council race(s)(IC 3-10-6-7.5(b))

  18. CITIES AND LARGE TOWNS WHO PAY$? HOW MUCH? • Initially paid by the county executive • CEB to itemize all expenses chargeable to cities and towns for county auditor • CEB-34(Primary) • CEB-35 (Municipal) • County Auditor certifies amount of reimbursement claim to city clerk or town clerk-treasurer not later than 30 days after primary and 30 days after the municipal election (IC 3-5-3-7) • City or town to make appropriation by Dec. 31

  19. CITIES AND LARGE TOWNS WHO PAY$? HOW MUCH? • Formula for reimbursement • Direct costs charged to city/town where cost incurred (poll rental, poll worker, etc.) • Indirect costs (voting system support & maintenance, county election board salary): 25% paid by the county and 75% paid by city/town • If more than one city/town then the 75% paid by cities/towns is apportioned among cities/towns as follows: Votes cast in city or town All votes cast in all cities and towns

  20. CITIES AND LARGE TOWNS INDIRECT COSTS EXAMPLE • Assume: Total Indirect cost $30,000 • County share= $7,500 (30,000 x .25) • City/Town share= $22,500 (30,000 x .75) • Total votes cast= 10,000 • 8,000 in City of Mt. Pilot (80% or .80) • 2,000 in Town Mayberry (20% or .20) • City/Town Share of $22,500 of Indirect Costs • Mt. Pilot share of Indirect costs is $18,000 ($22,500 x .80) • Mayberry share of Indirect costs is $4,500 ($22,500 x .20)

  21. CITIES AND LARGE TOWNS HUH? INDIRECT COSTS EXAMPLE

  22. CITIES AND LARGE TOWNS Absentee Voting- Municipal Election • General Rule: In-person absentee voting is required the last 28 days before the election • In a Municipal Election Year: Board may set (reduce) days and hours for in-person absentee voting by unanimous resolution (IC 3-11-10-26.5) • Except for military/overseas voters, mailed absentee ballots are not required to be mailed until the 1st day for in-person absentee voting but still must provide meaningful opportunity to vote by mail • Military/overseas voters absentee ballots must be sent no later than 45th day before election or day absentee application received, whichever is later (IC 3-11-10-26(e))

  23. CITIES AND LARGE TOWNS MICELLANEOUS ELECTION CONSIDERATIONS • DISTRICT OPTIONS- Single member districts, residence/vote at-large, and true at-large seats • STAGGERED TERMS in some large towns • REDISTRICTING/ANNEXATION/PRECINCTS ISSUES: • Do I have the most redistricting/annexation ordinance? • Do I have split precincts and, if so, what is my plan for poll books and training to assure proper ballot distribution?

  24. CITIES AND LARGE TOWNS MUNICIPAL ELECTION TUESDAY NOVEMBER 3, 2015

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