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Municipal Elections 101

Image Created by Freepik. Municipal Elections 101. Presented by : Brad King & Angie Nussmeyer Co-Directors, Indiana Election Division 2019 Election Administrator’s Conference. Key Players. Federal Government Federal Election Commission (FEC)

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Municipal Elections 101

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  1. Image Created by Freepik Municipal Elections 101 Presented by: Brad King & Angie Nussmeyer Co-Directors, Indiana Election Division 2019 Election Administrator’s Conference

  2. Key Players • Federal Government • Federal Election Commission (FEC) • Enforces campaign finance law for federal candidates/PACs • Election Assistance Commission (EAC) • Offers best practices in election administration • Approves voluntary voting system guidelines (VVSG) • Federal Communications Commission (FCC) • Handles complaints regarding radio/television/internet communications for all candidates & committees

  3. Key Players • State Government • Secretary of State • Serves as state’s chief election official • Indiana Election Division • Bi-partisan staff who partners with the SOS to maintain statewide voter registration system • Supports the Indiana Election Commission • Receives candidate & campaign finance filings at state level • Indiana Election Commission • Made up of four members: • 2 Democrats + 2 Republicans • Certifies voting systems for use in Indiana • Enforces campaign finance laws • Rules on candidate challenges IC 3-6-3.7-1 | IC 3-6-4.1 | IC 3-6-4.2

  4. Key Players • Local Government • County Clerk • Serves as chief election & voter registration official • NOTE: 11 counties have a bi-partisan Board of Voter Registration, which serves as the county’s chief VR official • County Election Board • Made up of three members: • 1 Democratic, 1 Republican member + County Clerk • Conducts all elections in the county • Enforces campaign finance laws Towns, generally, do not manage elections, but exceptions discussed on Wednesday. IC 3-6-5-2

  5. Elections 101 • Primary Election • Major political parties nominate candidates for November elections • Major political parties are the Democratic and Republican parties • In Indiana, primaries are held in May • General Election • All candidates appear on the ballot • Federal, state, local • November election in even-numbered years • Presidential & mid-term elections • Municipal Election • Local candidates on the ballot • November election in odd-numbered year between mid-term and presidential elections

  6. Voter Registration • Voter Registration • Requirements, generally • Must be 18 on or before the date of the November election • A 17-year old may register and vote in the May primary election, though cannot vote on public questions • Must be a US citizen • Must reside in their Indiana precinct at least 30-days before an election • Must not be currently imprisoned after being convicted of a crime IC 3-7-13-1 | IC 3-7-13-4

  7. Voter Registration • Voter Registration • Individuals may register: • Online – indianavoters.com • Requires Indiana driver’s license or state ID to use • Voters without IN driver’s license or ID can register using a paper “mail-in” registration form • Paper “Mail-In” Voter Registration Forms • Examples include federal mail-in form & state forms VRG-7, VRG-11) • BMV during credential transactions like getting ID • Paper VR forms are available, but must be mailed to county office or IED • Individuals must provide: • If online, Indiana driver’s license or state ID number • If by paper, Indiana driver’s license or state ID number; OR last four of Social Security Number • If voter has neither, must indicate “NONE” and an ID number is created for them in the statewide voter registration system

  8. Voter Registration • Voter Registration • Statewide deadline falls 29-days before each election • Online registration closes at 11:59PM • Paper VR forms must be hand-delivered before county office or IED closes • Paper VR forms may be mailed: • Envelopes with a postmark on or before the deadline are to be processed for person to vote in the election • Envelopes with illegible or missing postmark must be received no later than Monday after statewide VR deadline to be processed for the person to vote in the election IC 3-7-33-3 | IC 3-7-33-3.5 | IC 3-7-33-3.7 | IC 3-7-33-4

  9. Absentee Voting • By Mail • Requires a voter to indicate a reason on the ABS-Mail form, but voter ID not required • Travel Board • Bi-partisan team sent to aid voter who is confined to their home or their caregiver to complete their ballot • Voter ID not required • Use ABS-Traveling Board form • Military/Overseas Voters • Use Federal Postcard Application (FPCA) • Dual purpose form – allows for registration and request for absentee ballot for one calendar year • Federal & state law requires military & overseas voters to be sent a mailed ballot beginning 45-days before any election IC 3-11-4-2 | IC 3-11-4-6 | IC 3-11-10-24 | IC 3-11-10-25

  10. Absentee Voting • In-Person (“Early” Voting) • Starts 28-days before each election, ending at noon the day before the election • Voters in line at noon are permitted to vote • Does not require a reason, but voter must show photo ID that is: • Issued by the state of Indiana or federal government • Include a photo of the voter • Include the voter’s name that reasonably conforms to their voter registration record • Be current or expired since the November 6, 2018 election • Certain military and veteran IDs are exempt from this requirement IC 3-11-10-26

  11. Public Test of Voting Equipment • Voting systems must be tested by the county election board at least 29-days before each election • For counties using Direct Record Electronic (DRE) machines, must test all machines used in three randomly selected precincts • For counties using optical scan machines (paper ballot cards), must test at least 10% of all machines and up to 15% if a voter in attendance at public meeting requests additional machines to be tested. • Process must ensure: • each candidate and, if applicable, each political party receives at least one vote • votes tallied on the voting system matches the total from the main tabulation computer IC 3-11-13-22 | IC 3-11-14.5

  12. Election Day Operations • Political parties nominate poll workers (and absentee counters, if central count) to work Election Day • County election board appoints party nominees, and can fill any vacant positions, if necessary • Troubleshoot voter registration issues • For example, applying certain voter “fail-safes” • Count absentee ballots • After polls close, return materials & canvass results

  13. Cost of Elections • In odd-numbered municipal election years, cities, towns, and entities requesting a special referendum election are required to pay for the cost of the election as follows: • All costs that can directly applied to running the municipality’s (or referendum) election • 75% of the indirect costs the county incurred to run the election proportionally distributed among each municipality (or referendum) that held an election based on the number of votes cast in each municipality’s election. • In vote center counties, this distribution applies to all costs the county incurred to run the election. • Small town can avoid this distribution by entering in an agreement with the county to pay a certain amount for the county to conduct their election. IC 3-5-3-8 | IC 3-5-3-9 | IC 3-10-7-4

  14. Campaign Finance • Campaign Finance Filing forms include: • CFA-1 (Statement of Organization) • If office pays more than $5,000 in a calendar year, must be filed: • No later than noon, seven days after raising or spending $100 OR • No later than noon, ten days after filing a declaration of candidacy, or noon, seven days after the candidate filing period closes, whichever comes first • If office pays less than $5,000 in a calendar year, ONLY file when: • Candidate raises or spends $500 toward running for office • CFA-4 (Report of Receipts & Expenditures) • CFA-11 (“Large” Contribution Report) • Campaign Finance Enforcement IC 3-9-1-5 | IC 3-9-1-5.5

  15. Disclaimers • “Paid for by” <NAME OF COMMITTEE> • Must appear on written communication, including newspaper ads or direct mail to more than 100 persons • Disclaimers on television and radio ads are managed by the Federal Communications Commission (FCC) not the CEB or IED • Must appear on yard signs • Is not required to appear on wearing apparel or “small” items like a business card or letterhead • However, no one gets in trouble for including a disclaimer on an item, no matter how small! • 2019 Disclaimer Brochure published by IED provides more detail IC 3-9-3-2.5

  16. Offices on the Ballot Candidate Qualifications Filling Vacancies: Candidate & Elected Office Image Created by Freepik

  17. On the Ballot in 2019 • Mayor • City-County Council (Marion County Only) • City Council & Town Council • Single Member Districts (“vote for 1”) • At-Large Districts (“vote for no more than X”) • City Clerk (second class cities) • City Clerk-Treasurer & Town Clerk-Treasurer • City Judge & Town Judge • Public Questions • Only local public questions in 2019, if certified to the county election board

  18. General Candidate Qualifications • The following rules apply to ALL candidates on the ballot in 2019: • Must be a registered voter in the election district not later than the deadline for filing the declaration or petition of candidacy or certification of nomination • NOTE: city & town judges must be registered to vote in the countywhere the municipality is located • May not have a felony conviction (see IC 3-8-1-5 for full details) • May need to meet residency requirements, if applicable • Residency standards can be found in IC 3-5-5, generally • Must file a statement of economic interest (CAN-12) with declaration of candidacy or candidate consent IC 3-8-1-1 | IC 3-8-1-1.5 | 3-8-1-29

  19. City Office Residency Requirements • Mayor • First class city (Indianapolis): must reside in the city for at least one year before the date of taking office • Second or Third class city: must reside in the city for at least one year before the election • NOTE: Residency in territory that is annexed by the city before the election is considered residency for the purposes of candidate qualification, even if the annexation takes effect less than one year before the election • Review IC 36-4 for details on office responsibilities IC 3-8-1-24 | IC 3-8-1-26 | IC 36-4-5-2(c)

  20. City Office Residency Requirements • City-County Council (Marion County Only) • Must reside in the district, if applicable, for at least one year before the date of taking office • Review IC 36-3-4 for details on office responsibilities • City Common Council (Second or Third Class City) • Must reside in the city for at least one year; AND • Must reside in the district in which seeking election, if applicable, for at least six months before the election • NOTE: Residency in territory that is annexed by the city before the election is considered residency for the purposes of candidate qualification, even if the annexation takes effect less than one year before the election • Review IC 36-4-6 for details on office responsibilities IC 3-8-1-25 | IC 3-8-1-27 | IC 36-4-6-2(c)

  21. City Office Residency Requirements • City Clerk (Second Class City) • City Clerk-Treasurer (Third Class City) • Must reside in the city for at least one year before the election • NOTE: Residency in territory that is annexed by the city before the election is considered residency for the purposes of candidate qualification, even if the annexation takes effect less than one year before the election • Review IC 36-4-10 for details on office responsibilities IC 3-8-1-28 | IC 36-4-10-3(b)

  22. City Office Residency Requirements • City Judge • St. Joseph County: • Must be a registered voter of the county in which the municipality is located no later than the deadline for filing the declaration or petition of candidacy or certificate of nomination • Before filing a declaration of candidacy, person must be an attorney in good standing admitted to the practice of law in Indiana IC 3-8-1-1.5 | IC 3-8-1-28.5

  23. City Office Residency Requirements • City Judge • All Other Counties: • Must reside in the city upon filing any of the following: • Declaration of candidacy or declaration of intent to be a write-in candidate under IC 3-8-2 (CAN-42) • Petition of nomination under IC 3-8-6 (CAN-44) • Certificate of nomination under IC 3-10-6-12 (CAN-18) • Must reside in the county in which the city is located upon filing a certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8 (that is, filling a ballot vacancy) • Before filing a declaration of candidacy, person must be an attorney in good standing admitted to the practice of law in Indiana IC 3-8-1-28.5

  24. Town Office Residency Requirements • Town Council • Candidate must reside in district in which seeking election, if applicable, though no “term” requirement • Some town councils have “single-member” districts and candidate would need to reside within the district’s boundaries • Review IC 36-5-2 for details on office responsibilities • Town Clerk-Treasurer • No residency “term” requirement • Review IC 36-5-2 for details on office responsibilities • Town Judge • No residency “term” requirement • Review IC 33-35 for details on office responsibilities IC 3-8-1-1 | IC 3-8-1-1.5 | 3-8-1-29

  25. Government Employees Holding Office • A government employee may not hold elected office for the same unit of government & remain employed • Does not disqualify a person from running; rather, the person is considered to have resigned from their job, if elected and qualified • Example: Sally is the town planner. She decides to run for town council. Sally wins her election. Since the elected office (town) IS the same unit of government as her employer (town), she effectively resigns her position as town planner. • Example 2: Joe is a town planner. He decides to run for county council. Joe wins his election. Since the elected office (county) is not of the same unit of government as his employer (town), he may hold elected office and remain in his job. • NOTE: Firefighters who are not in a full-time, paid position (i.e. volunteer) are exempt from the statute. IC 3-5-9

  26. Major Party Candidate Filings • Democratic & Republican candidates • To run in primary election or town convention, candidate must have: • In the last primary election the candidate voted in Indiana, have requested a party ballot for the party they are affiliating with as a candidate in the primary election OR • File certification from the county party chair of the major political party that the candidate is a member in good standing of the party • File paperwork with county clerk by deadline, including: • Statement of Economic Interest (CAN-12) • Form CAN-42, if holding primary election • Form CAN-16, if holding town convention IC 3-8-2 | IC 3-8-5-10.5

  27. Major Party Candidate Filings • Ballot Vacancies • Occur when: • No D or R candidate filed to run in the primary election, OR • D or R candidate withdraws to create an early or late ballot vacancy • County chairs may fill an early ballot vacancy by … • Appointment, if authorized to do so by the county party, or there is only 1 eligible precinct committeeman to participate in caucus OR • Not later than noon, three days after appointing a person to fill a ballot vacancy, the following must be filed with the clerk: • Candidate Declaration (CAN-48) and Statement of Economic Interests (CAN-12) • Certificate of Candidate Selection (CAN-49) • A copy of the meeting minutes or resolution noting the chair has been authorized to fill a ballot vacancy, if applicable IC 3-13-1-2 | IC 3-13-1-7 | IC 3-13-1-9 | IC 3-13-1-13 | IC 3-13-1-15

  28. Major Party Candidate Filings • Ballot Vacancies • County chairs may fill an early ballot vacancy by (con’t)… 2) Holding a caucus • Requires filing a: • Call to Caucus (CAN-47) with the clerk no later than ten days before caucus is held and sent via first class mail to eligible PCs • Candidate Declaration (CAN-48) and Statement of Economic Interests (CAN-12) to be filed by the candidate with the clerk and county chair no later than 72-hours before the caucus is held • Certificate of Candidate Selection (CAN-49) filed with the clerk no later than noon, three days after the caucus is held IC 3-13-1-2 | IC 3-13-1-7 | IC 3-13-1-9 | IC 3-13-1-13 | IC 3-13-1-15

  29. Major Party Candidate Filings • Democrats & Republicans Filing Schedule • Primary Election • Filing opens: January 9, 2019 • Filing closes: NOON, February 8, 2019 • Ballot Vacancies • If no candidate ran in the primary election , deadline for county party to appoint or hold caucus is noon, June 30 • Paperwork must be filed no later than noon, July 3, 2019 • Town Convention • Held in towns with a population less than 3,500 that did NOT pass an ordinance requiring a primary election • Filing begins: January 9, 2019 • Filing ends: NOON, August 1, 2019 IC 3-8-2-4 | IC 3-8-5-10.5 | IC 3-13-1-2 | IC 3-13-1-15

  30. Libertarian Party Candidate Filing • Libertarian Candidates • Nominated at a party convention pursuant to state law • In small towns, party uses town convention method • File paperwork with county clerk by deadline, including: • CAN-16 (Small Town Candidates ONLY) • Statement of Economic Interests (CAN-12) (Small Town Candidates ONLY) • Candidates for city and large town offices do not file candidate paper with county clerk before party convention IC 3-8-2-4 | IC 3-8-5-17 | IC 3-10-6-12

  31. Libertarian Party Candidate Filing • Libertarian Filing Schedule • This is no candidate filing period for those running for city or large town office • The party chair and secretary will certify candidates selected at convention and file candidate’s CAN-12 with county clerk • Town Convention (Small Town Candidates Only) • Held in towns with a population less than 3,500 that did NOT appoint their members at a county convention • Filing begins: January 9, 2019 • Filing ends: August 1, 2019 IC 3-8-5-10.5 | IC 3-10-6-12

  32. Minor Party & Independent Candidates • For name to appear on the ballot, the candidate: • Must collect signatures of registered voters within the election district totaling 2% of the total votes cast in the last Secretary of State’s race • Reach out to county clerk for precinct results from 2018 November election to determine threshold • Submit petitions (CAN-44) to county VR official for certification • File certified petitions (CAN-44), candidate consent (CAN-45), and statement of economic interest (CAN-12) by deadline IC 3-8-6

  33. Independent & Minor Party Candidates • Write-in Candidates • May not claim affiliation with the Democratic, Republican or Libertarian parties • File paperwork with county clerk by deadline, including: • FORM CAN-51 • Statement of Economic Interest (CAN-12) • Names of Write-in Candidates are NEVER printed on the ballot! IC 3-8-2-2.5 | IC 3-8-2-4(b)

  34. Image Created by Freepik Questions? Presented by: Brad King & Angie Nussmeyer Co-Directors, Indiana Election Division 2019 Election Administrator’s Conference

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