Candidate and Filing Issues - PowerPoint Presentation

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Candidate and Filing IssuesDecember 17, 2013

Brad KingCo-Director, Indiana Election Division2014 Election Administrators Conference Slide2

OverviewSlide3

When Do You Become a Candidate?

Generally speaking:When taking action to qualify for ballot or as declared write-in candidate (such as filing a CAN-2 declaration of candidacy)Publicly announces candidacyOtherwise seeks nomination or election to office(IC 3-5-2-6(a))Slide4

Of course, an Exception:Campaign Finance Reporting

For campaign finance law, person becomes “candidate” when person or candidate’s committee, or authorized agent:Receives more than $100 in contributions; orSpends more than $100 in expenditures (IC 3-5-2-6(b))Slide5

Campaign Finance Filings

EXAMPLE:

Everyone wants to be county sheriff.

They raised or spent money in 2013. Even though person can’t file for ballot yet, still required to file CFA-1 statement of organization and CFA-4 campaign finance report for 2013 by January 15, 2014. Slide6

Where Do You File as a Candidate?

Candidates for certain offices file at state level (or certified by party conventions)Federal offices (US Representative)Statewide offices (Secretary of State, Auditor of State, Treasurer of State)Judges (Appellate retention; Circuit, Superior, Marion Co Small Claims)

Prosecuting AttorneySlide7

Candidate Filing Quiz

EXAMPLE: Attorney wants to run for judge or prosecuting attorney, but is confused. Where must candidate file forms?A. File everything with the state.B. File everything with the county.C. File some things with county (campaign finance reports), and some things with state (CAN-2 with SOS/IED, economic interest statement with State Court Administration.)Slide8

County Candidate FilingsCandidates for certain offices file at

county level (or certified by party conventions)Circuit Court ClerkCounty Constitutional offices (Sheriff, Auditor, Coroner, Recorder, Surveyor, Treasurer)Other county offices (Commissioners, Council, County Assessor)Township trustee, board member, twp assessor.

School board memberSlide9

Small Town CandidatesSome small town candidates will file at county for 2014:

Small town has switched ALL elections to general election yearSmall town has staggered terms for town councilCan create a “forms question”: CAN-2 or CAN-16?Slide10

Political Party OfficesState Convention Delegate

Both D and RFile CAN-37 Declaration of CandidacyPrecinct CommitteemanD only in 2014; Rs run in 2016File CAN-37 Declaration of CandidacyTIP: If running for both

State Convention Delegate and Precinct Committeeman, file

separate

CAN-37 forms for each office.Slide11

When Does “Filing” happen?

IC 3-5-2-24.5(2): Election filing happens “when all of the following have occurred”:(A) The presentation of document to an individual required to receive document under election law.(B) The receipt of the document by the individual.(C) The recording of the date and time the document was received by the individual.Slide12

Check that address!Presentation must be to correct office:

County election board, circuit court clerk, or town election board may not accept candidate declaration on behalf of stateIf local office does accept filing in wrong location:Local office may not act as agent for the stateLocal office not required to transmit to state

Filing is void; Candidate’s name does not appear on ballot unless document filed with state IC 3-5-4-1.2.Slide13

Postmark or POA Not Good EnoughDocument must be

received by correct office:Presentation and receipt may occur in person, but candidate not required to personally appearFinal step is handwritten or machine file stamp by office that records day (and on final day, time) of receipt.NEW in 2014: Power of attorney CANNOT sign declaration of candidacy for candidate. Slide14

“Not the Candidate Police.”A candidate filing cannot be rejected upon presentation to filing office except in 4 cases specified by statute:

State filing presented incorrectly to county. IC 3-5-4-1.2Not presented by [noon local time] deadline. IC 3-5-4-1.9Not on state-approved form. IC 3-5-4-8Not accompanied by any required statement of economic interest (CAN-12). IC 3-8-2-11; 3-8-9-6Slide15

Candidates Must Beat the Clock

Missing noon local time deadline fatal error. Have a procedure to determine when deadline occurs. Whose clock rules? State coordinates with U.S. Naval Observatory Master Clock (DC) (202) 762-1401Slide16

State Approved FormsCAN-2 Declaration of Candidacy for Primary Nomination in 2014Slide17

DON’T GET BIT:Specific Candidate Problems

.Slide18

Missing CAN-12?Slide19

NEW FOR 2014: CAN-12Candidate for local office must include completed CAN-12 with filing or filing must be rejected

First election form will be used for township candidatesTIP: Have blank CAN-12 forms available on counter for last morning filers.Slide20

Incumbent circuit court clerkIf current circuit court clerk is running for re-election, or is candidate for another office:

Name or signature of clerk may not be placed on ballot (except to indicate that clerk is candidate for office). Clerk must substitute uniform device for name and signature ordinarily printed on ballots. (IC 3-5-4-9)Slide21

Generic Circuit Court Clerk SymbolSlide22

Clerk’s Employee as CandidateClerk or voter registration employee

can run as candidate.Restrictions:No electioneering in office or absentee voting area (3-14-3-16)Cannot serve as absentee board member (IC 3-11-10-36). Cannot assist on election day with “canvassing” (IC 3-12-4-4(c).Slide23

Party Problem QuizEXAMPLE 1: May 2012 was the last primary that a candidate voted in. Candidate asked for “Party A” ballot. Now candidate wants to run in “Party B” primary in May 2014.

A. Candidate can do so. No questions asked.B. Candidate can never do so. Should have thought of that in May 2012.C. Candidate can run if county chair of Party B gives written consent. Slide24

County Chair CertificationSlide25

State and county levelsChallenges to candidates who file declaration with state are heard by Indiana Election Commission (separate administrative body from Election Division).

Challenges to candidates who file declaration with county are heard by county election board.Slide26

Party ProblemsEXAMPLE 2: Voter is disappointed with result of primary election, and decides to run in general election as a “Write-In Democratic (or Republican)” candidate.

A. Candidate can run as write-in D or R candidate; no problemB. Candidate cannot run as write-in D or R – clerk must reject filing.C. Candidate cannot run as write-in D or R, but must be challenged to be kept off ballot.Slide27

County Assessor – Level 3Can someone without Level 3 certification be candidate for county assessor in 2014 primary?

If candidate is not incumbent assessor (was serving on January 1, 2012 and since), then must have Level 3 certification by primary deadline. (IC 3-8-1-23(c))If candidate is incumbent assessor, is not required to have Level 3 certification until 2016 election.Slide28

Small Town CandidatesWhich form to file? CAN-2 or CAN-16.

Answer: CAN-16 is used when town has not adopted ordinance to conduct May 2014 primary for town offices. Filing period for these town offices runs through August 1, 2014.Small towns which DO NOT have a primary for town offices in 2014 may instead have town party convention in August if competition in same party for same office.Slide29

Deceased primary candidateDeceased candidate filed with state:

If state certification to county has not yet occurred, election division omits name of candidate.If state certification has been sent, election division notifies county of deceased candidate.Deceased candidate filed with county:County election board decides unanimously that good cause to believe candidate has died, then candidate name not printed on ballot.Slide30

Deceased primary candidate on ballotIf primary ballot not yet printed, name of deceased candidate omitted from printing.

If primary ballot already printed when candidate death certified, then ballot is NOT reprinted.Voter can ask for replacement absentee ballot (ABS-5) if deceased candidate was on ballot.Slide31

Candidate ChallengesMost common reasons are:

Residence requirementsPolitical party affiliationFelony convictionOther reasons include:County assessor candidates and Level 3 assessor-appraiser certification (IC 3-8-1-23)“Little Hatch Act” Slide32

“Put Up or Shut Up Law”Registered voter of election district may challenge candidate for primary or general election

Challenge must be sworn statement on CAN-1 February 14 challenge filing deadline after February 7 filing period ends.Later deadlines for other candidate filings.Slide33

CEB Candidate Challenge HearingSame deadline as state for determination regarding primary candidates: February 27, 2014.

Hearing informal, CEB can adopt proceduresHearing subject to Open Door Law (IC 5-14-1.5) Appeal deadline set by statute: must be filed with circuit court not later than 30 days after CEB decision. (IC 3-6-5-34; 3-6-5.2-9 [Lake]; 3-6-5.4-10 [Tippecanoe]Slide34

General Election Requirement:Count Petition Candidate Signatures

Certain candidates must have petition signatures counted with administrative determination made about sufficiency:Independent/minor party general election candidatesSchool board candidates (10 signatures in most districts).Candidate can administratively appeal determination of insufficient signatures. Slide35

Petition CarriersNEW in 2014: Person who carries petition to place public question or candidate on ballot must provide, on each signature page:

(1) sworn statement that carrier has no reason to believe that any signer is ineligible to sign, or did not properly complete and sign page(2) name, address, and date of birth of carrier.Slide36

Petition Carrier “Do Overs”

If county voter registration office determines petition signature page does not contain required info from carrier, then office notifies carrier.Petition carrier may, BEFORE SUBMISSION DEADLINE, come into county office and sign carrier’s sworn statement or add carrier information.Slide37

Precinct Committeeman ListsAny elected official may require party county chair to provide name and address of precinct committeeman and vice committeeman of party (IC 3-6-2-10.5)Slide38

Recounts and ContestsCandidate has right to file recount and election contest proceedings following election (IC 3-12-6; 3-12-8; 3-12-10; 3-12-11)

New for 2014: Local Recount Commission member must have been “qualified to vote in election district”, not just “voter of the county” (IC 3-12-6-16)Maximum recount bond set. IC 3-12-6-10Slide39

Questions?

Brad KingCo-Director, Indiana Election Division