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Reminders for the Fall 2019 Election

Reminders for the Fall 2019 Election. Presented by Angie Nussmeyer, IED Co-Director Matthew Kochevar, IED Co-General Counsel. Background vector created by freepik - www.freepik.com. Statewide VLM Project Update. Received scanned cards on or around Aug. 30, 2019

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Reminders for the Fall 2019 Election

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  1. Reminders for the Fall 2019 Election Presented by Angie Nussmeyer, IED Co-Director Matthew Kochevar, IED Co-General Counsel Background vector created by freepik - www.freepik.com

  2. Statewide VLM Project Update • Received scanned cards on or around Aug. 30, 2019 • Cards will be sorted by type (card 1, card 2, VRC, etc) to county election and voter registration officials and our vendors on a smooth 2019 statewide VLM project! NEXT STEPS: Background vector created by katemangostar - www.freepik.com

  3. Statewide VLM Project Update • UNscannedcards • Will be picked up & mailed to counties on or around 9/17/19, 10/1/19, 10/22/19, 11/27/19 • Returned voter response card from Card 2 • Review voter’s written request • May make updates to registration or cancellation, if authorized by the voter • Scan & upload document to SVRS • Returned Card 1 (if returned UAA) • May send a SAMC notice to voter, but may NOT move voter to “inactive” status or otherwise cancel based solely on this card • Returned Card 2 (if returned UAA) • May move voter to “inactive” status, but only after the November 5, 2019, election • This assumes the voter’s status is not already in “inactive” status • Must also double check vote history from November 2019 election, if applicable • May not move voter’s status to “cancelled” based solely on the returned 2nd card

  4. Statewide VLM Project Update • It is important to make sure that vote history for each voter is updated after each election and before canceling an “inactive” voter’s registration that is eligible to be canceled • A voter can update their voting record on the poll list when voting on election day or confirm their registration information when casting a ballot • By updating or confirming their registration on the poll list the voter’s record has be changed from “inactive” to “active” ending the countdown for an “inactive” record to be eligible to be canceled

  5. Ballot Vacancies • Early Ballot Vacancies • Created at least 31 days before the general or municipal election • Follow procedures in IC 3-13-1, generally • D, L & R parties have 30-days to fill ballot vacancies • Two Periods: • On or before Noon, July 15 (deadline has passed!) • Candidate may withdraw for any reason • Exception: small town candidate nominated at convention may withdraw not later than 3 days after the convention is held • No small town nominating convention needed? Then small town candidate may not withdraw • After noon, July 15 up to Oct. 5, 2019 • Only occurs if candidate died, moved out of the election district, disqualified due to a felony conviction, or removed via court order under IC 3-8-7-29(d) after the thirty-first (31) day before a general election creates a late ballot vacancy. (IC 3-13-2) IC 3-8-7-28 | IC 3-8-7-29 | IC 3-13-1-7 | IC 3-13-1-20

  6. Ballot Vacancies • Late Ballot Vacancies • Created during final 30-days before election • Follow procedures in IC 3-13-2, generally • Occur on or after Oct. 6, 2019 • Only applies if candidate died, moved out of the election district, disqualified due to a felony conviction, or removed via court order under IC 3-8-7-29(d) • For local office late ballot vacancies the party chair in the county that has the greatest percentage of the population of the election district fills the vacancy by direct appointment IC 3-13-2-5

  7. Re-Printing Ballots: Candidate Withdrawal • CEB MUST re-print ballots for a November election and provide replacement ballots necessary for ABS and Election Day voting, if: • the candidate's party does fill the vacancy under IC 3-13-1 or IC 3-13-2 not later than noon, five (5) days before the election; and • when a candidate has died, the election board: • receives a certificate of death issued under IC 16-37-3 not later than noon, 7 days before the election; or • votes unanimously by the entire membership that there is good cause to believe that the candidate has died. IC 3-11-3-29.5

  8. Re-Printing Ballots: Candidate Withdrawal • CEB may order the printing of new ballots that omit the name of a candidate, however • Ballot must contain the statement "NO CANDIDATE" or "CANDIDATE DECEASED" or words to that effect at the appropriate position on the ballot • If vacancy is filled after noon, 5 days before the election, then CEB is not required to reprint ballots to remove the name • CEB may re-print ballots, upon taking a vote of the membership IC 3-11-3-29.5

  9. Re-Printing Ballots: Error or Omission • CEB determines ballot omits a requirement under title 3 or omission that may confuse voters, then may either • Reprint the ballot, OR • Conduct a hearing to decide if ballot re-printing is necessary • Hearing Steps • CEB notifies each political party, ticket, or candidate that may have an interest in the matter • CEB follows Open Door Law to notice meeting IC 3-11-2-16

  10. Re-Printing Ballots: Error or Omission • Hearing Steps, con’t • Hear any testimony offered by a person concerning the defective ballots • Make findings of fact concerning the following: • Number of ballots, if any, containing the error or omission that have already been cast • Cost of correcting the error through the use of reprinted ballots or any other suitable method • Whether the error or omission would be likely to cause confusion or mistakes by voters • Whether any voter objects to the use of the ballots, notwithstanding the error or omission IC 3-11-2-16

  11. Re-Printing Ballots: Error or Omission • When ballot re-printing IS NOT required after conducting hearing • If a voter does not file a written objection to the use of the ballots with the board before the board concludes the hearing; and • the board determines that the use of the ballots would not be likely to cause confusion or mistakes by voters • When ballot re-printing IS required after conducting hearing • Voter files a written objection to the use of the ballots with the board before the board concludes the hearing; or • Board determines that the use of the ballots would be likely to cause confusion or mistakes by voters IC 3-11-2-16

  12. Replacement ABS Ballots • ABS voter is entitled to replacement ABS ballot if CEB finds ballot was defective or is re-printed due to early or late ballots vacancies • However, a defective ballot shall be counted if the intent of the voter can be determined and the ballot would otherwise be counted • Replacement Ballot Procedures • Voter… • MUST file ABS-5 with county clerk • May recast ABS ballot either during in-person early voting OR may be mailed new ABS ballot OR ABS ballot sent via travelling board • Clerk… • Files ABS-5 with original ABS ballot • Marks “canceled” on original ABS ballot envelope • Preserves original “canceled” ballot with other defective ballots IC 3-11-2-16 | IC 3-11.5-4-2

  13. Public Test of Voting Systems • CEB must test at least 5% of all machines in the county • Two lists provided by VSTOP using inventory in state’s database • List 1: Tested for all precincts, all candidates (including straight party, write-in), and all public questions loaded on each machine on the list • List 2: Used only if a member of the public requests additional machines to be tested • VSTOP lists are to be provided not later than 74-days before election • Counties using a combination of DRE and opScan must test at least 5% of opScan AND DRE units IC 3-11-13-22 (opScan) | IC 3-11-13-23 (opScan) | IC 3-11-14.5-1 (DRE) | IC 3-11-14.5-2 (DRE)

  14. Public Test of Voting Systems • No VSTOP list? • CEB must implement alternative procedure not later than 60-days before election to randomly test 5% of all machines in the county • Public Test must be held not later than the start of early voting (Oct. 7, 2019) • Notice of public test MUST be published in newspaper at least 48-hours before meeting • Follow IC 5-3-1-4 for publication requirements • Must test machines on VSTOP list • File IEC-9 (DRE)/IEC-10 (OpScan) not later than 7-days after public test IC 3-11-13-22 | IC 3-11-13-23 | IC 3-11-14.5-1 | IC 3-11-14.5-3

  15. Absentee Voting Reminders • “Early Voting” in Non-Vote Center Counties • In 2019, a CEB may reduce in-person early voting hours at the clerks’ office to fewer than 28-days • May NOT eliminate in-person at the clerk’s office location; instead, can reduce overall hours • CEB must unanimously agree to this resolution • Satellite early voting locations • CEB must unanimously agree to this resolution • Satellite sites used in the primary election MUST be used in the November election IC 3-11-10-26.3 | IC 3-11-10-26.5

  16. Absentee Voting Reminders • “Early Voting” in Vote Center Counties • In 2019, a CEB may reduce in-person early voting hours at the clerks’ office to fewer than 28-days • May NOT eliminate in-person at the clerk’s office location; instead, can reduce overall hours • CEB must unanimously agree to this resolution • Alternatively, CEB can unanimously agree to amend vote center plan • Two Saturday Requirements • MUST have at least one Election Day vote center open the two Saturdays before the election • May NOT eliminate or reduce this early voting requirement • Counties with more than 20,000 pop must be open for at least 7 hours on Sat.; less than 20,000 pop. Must be open for at least 4 hours on Sat. IC 3-11-18.1-4 | IC 3-11-10-26 | IC 3-11-10-26.3

  17. Absentee Voting Reminders • Vote-By-Mail • ABS-Mail Application deadline is now 12-days before an election • 11:59P, Oct. 24, 2019 statewide • App must be physically received by CEB; postmarks don’t count! • Any apps received by IED by 10/24 deadline will be forwarded to county & are considered timely • All approved ABS apps must be mailed not later than 45-days before election • ABS ballots must be delivered to CEB not later than 50-days before the election • After first push, ABS ballots are to be mailed on the same day app is approved IC 3-11-4-3 | IC 3-11-4-15 | IC 3-11-4-18

  18. Absentee Voting Reminders • Federal Post Card Application (FPCA) • Used by military/overseas voters • Special deadlines for those qualified to use FPCA: • ABS-Mail request to receive ballot by mail must be received not later than 12-days before election (Oct. 24, 2019) • Voter registration deadline falls 8-days before election • ABS-Mail request to receive ballot by fax or email must be received no later than noon, day before election (Nov. 4, 2019) • ABS-Mail ballot to vote by fax or email must be received not later than noon, Election Day (Nov. 5, 2019) • ABS-Mail ballot to vote by mail must be postmarked on or before Nov. 5, 2019, and received no later than noon, ten days after election (Nov. 15, 2019) IC 3-11-4-6 | IC 3-7-36-10 | IC 3-11-4-3 | IC 3-11.5-4-3 | IC 3-12-1-17

  19. Absentee Voting Reminders • Universal Postal Union • UN agency that coordinates postal policies among its member nations • US may withdraw from UPU on or around Oct. 17, 2019 • Negotiations occurring at the federal level • Impact to overseas military & overseas voters • UPU won’t recognize USPS as “valid” international mail • Overseas voters may be able to use commercial carriers to return ballots or use diplomatic mail at Embassies • Counties may decide using commercial carriers to mail ABS ballots & provide return postage for ballots is best option • Updates available at fvap.gov/UPU

  20. Absentee Voting Reminders • Town election boards in small towns are responsible for conducting absentee voting in town • ABS-Mail applications should be filed with the town election board to be processed • If CEB receives an ABS-Mail app from a voter of a town with a TEB, transfer that application to the TEB • Application should be considered timely received if filed with CEB instead of TEB IC 3-10-7-21 | IC 3-10-7-32 | IC 3-11-4

  21. Small Town Election Canvassing • A town election board in small towns are required to canvass and tabulate the vote and determine the winner • The TEB must certify the vote results and the winning candidates to the town clerk-treasurer • The clerk-treasurer will issue certificates of election to each elected candidate • After the tabulation is complete all election paperwork, materials including poll lists and ballots, and forms must be filed with the CEB • CEB will complete its work to update voter registration records, complete and file the CEB-9, and preserve the election materials the retention time IC 3-10-7-33 | IC 3-10-7-34 | IC 3-10-1-31.1 | IC 3-6-5-17 | IC 3-6-5-17.5

  22. Election Costs & Billing • In municipal election years, cities & towns are required to pay for the cost of the election in precinct model counties as follows: • All costs that can directly applied to running the municipality’s 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. • 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

  23. Election Costs & Billing • In municipal election years, cities & towns are required to pay for the cost of the election in vote center counties as follows: • All costs the county incurred to run the election are proportionally distributed among each municipality that the county held an election for based on the number of votes cast in each municipality’s 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

  24. Election Costs & Billing • In municipal election years, entities hold a special referendum election are required to pay for the cost of the election as follows: • All costs the county incurred to run the election in precincts where no other election was held proportionally distributed among number of votes cast in those precincts compared to the total number of votes cast in the county on election day. • Example: A county had an election for a city, a town, and a special referendum election where no other election was conduct • 500 votes were cast in the special referendum election, 1000 in the city election, and 500 votes in the town election for a total of 2000 votes cast • The entity holding the special referendum election would be require to pay the county 25% of the total cost incurred by the county to run the election on election day based on the formula IC 3-5-3-12

  25. Precinct Level Result Training • SVRS has been updated to allow for precinct level results to be uploaded into SVRS and the statewide ENR page • GCR will be holding an training on this new functionality on 9/17 & 9/18 and will have training documents for county users • Following this trainings county users will be sent a survey asking if they want to use this functionality for the next election

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