Absentee Voting: The Beginning - PowerPoint Presentation

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Absentee Voting: The Beginning

Matthew Kochevar, Co-General Counsel | Indiana Election Division

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ABS Timeline

Absentee Application Filing Periods Open

Day 60: ABS-Ballot Printing Estimate Due

Day 50: Deadline for CEB to ask D/R County Chairs for ABS voter board/counter/couriers

Day 50: ABS ballots delivered to CEB

Day 46: D/R Chairs submit written nominations for ABS voter board/counter/couriers

Day 45: Deadline to mail “first push” ABS-Mail ballots (and fax/email ballots requested on FPCA)

Day 28: In-Person ABS Voting Begins in Clerk’s Office

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ABS Timeline

Day 19: Traveling Board begins

Day 12: 11:59PM deadline to receive ABS-Mail applications & FPCA requests for

mail

ballots

Day 10: All counties must have Clerk’s Office open for in-person absentee voting

Vote Center counties have additional requirements

Day 3: All counties must have Clerk’s Office open for in-person absentee voting

Vote Center counties have additional requirements

Day 1 (day before election): NOON deadline for…

ABS In-Person voting

ABS-Traveling Board applications

NOTE: Travel Board appointments must be complete by midnight

FPCA applications for fax/email ballots

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ABS Timeline

Election Day: NOON deadline to receive…

Fax/emailed ballots & corresponding ABS-9

Mailed ballots, except those from overseas voters

NOTE: May be possible to send a traveling board team on Election Day in emergency situations at any point in the day

Not later than noon, ten days after election…

CEB may receive a mailed ballot from

overseas

ABS voter AND count it, if otherwise qualified, IF ballot envelope is postmarked on or before day of Election

NOTE: If an individual has an FPCA on file & the CEB did not receive their absentee ballot then the FWAB stands as voter’s official ballot as long as it is postmarked on election day and arrives not later than NOON, 10 days after election day

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ABS Application

Absentee voting process starts with a voter applying to receive an absentee ballot

Various applications exist for a voter to use to apply for a certain type of absentee voting method

ABS-Mail:

to receive an absentee ballot by mail

ABS-Traveling Board:

to request a bi-partisan ABS travel board visit the voter and deliver an ABS ballot

ABS-In Person:

Used by some counties when a voter arrives at the clerk’s office or satellite location to absentee vote in person

FPCA:

Special federal combined ABS application/VR form for military and overseas voters

ABS-Attorney General:

ONLY for participants of the AG’s Address Confidentiality Program for victims of domestic violence, stalking or sexual assault

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ABS Application Filing Period

ABS-MailPrimary Election: December 2, 2019, to 11:59PM, April 23, 2020General Election: May 19, 2020 to 11:59PM, October 22, 2020ABS-Traveling BoardPrimary Election: December 2, 2019, to NOON, May 4, 2020General Election: May 19, 2020, to NOON, November 2, 2019 ABS-Attorney GeneralPrimary Election: January 1, 2020, to 11:59PM, April 23, 2020General Election: May 19, 2020, to 11:59PM, October 22, 2020NOTE: ABS-Attorney General applications, if approved, are good until end of calendar year. For example, a person submits an ABS-AG application in Mach 2020. She will receive an ABS by mail ballot for the May AND November elections.

IC 3-11-4-3

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ABS Application Filing Period

Federal Postcard Application (Military & Overseas Voter)Filing Period: January 1, 2020 to December 31, 2020Dual voter registration form & absentee applicationSpecial voter registration deadlines for those using the FPCANOTE: Individuals who mark box 4 (“I am a US citizen and my return is uncertain”) are to be registered to vote at the address of the county VR officeDeadline to receive FPCA to process a request for an ABS-Mail ballot is 11:59PM, 12-days before the election, which is the same for “civilian” votersDeadline to receive ABS-Mail ballot from overseas voters is NOON, ten days after the election IF the ballot envelope is postmarked on or before the date of the electionDeadline to apply for a fax/email ballot is NOON, day before Election DayDeadline to receive faxed/emailed ballot & ABS-9 is NOON, Election Day

IC 3-11-4-3 | IC 3-11-4-6

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Pre-Filling ABS Applications

Some information may be pre-filled by a third party:Voter’s NameResidence AddressMailing Address (if the same)Date of Birth All other fields must be completed by the voterHOWEVER, a voter with disabilities may receive help from a third party to assist them with completing the applicationNearly any person can provide this assistance

IC 3-11-4-2

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Pre-Filling ABS Applications

NOTE: Voter’s attorney in fact must attach power of attorney document, if they provide assistance with completing the form

Example of the affidavit a person assisting an individual with disabilities must complete:

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Third Party Collection of ABS Apps

Applicant can submit ABS application directly to CEB, IED, or give to 3rd party to deliver applicationIf 3rd party take possession of ABS-App the person must submit application to CEB or IED no later than 10 days after taking possession from voter OR the application deadline, whichever is sooner10-day clock starts when first 3rd party takes possessionDeadline does not apply to USPS and bonded courier companiesIf 3rd party delivers application to CEB then the 3rd party must also complete the ABS-17 formDoes not apply to USPS, bonded courier company, IED, CEB, or a board of elections and registration

IC 3-11-4-2

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Direct Mailing of ABS Applications

If a person or entity sends out more than 100 pieces of a substantially similar communication containing an ABS application The communication must have a “disclaimer” identifying:The name of the person or entity that mailed the communication; andThe mailing address of the personDisclaimer must be in at least 12-point font size be printed with a reasonable degree of color contrast between the background and the testBlack text on a white backgroundIf no disclaimer is provided that the person may be fined by CEB under IC 3-6-4.9

IC 3-11-4-5.2

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ABS & SVRS

When an application is received by the CEB then the circuit court clerk must enter information from the application into the SVRS ABS moduleNeed Help with the Module? Contact the Quest Help DeskReports available to assist with ABS management such as:ABS Cumulative Statistics – raw number data of the number of applications submitted for each type of absentee method & how many ballots returnedABS Application Activity report – sorted by precinct and includes names, address, app type of those who have application approvedABS Ballot Activity report – sorted by precinct and includes name, address, app type, and when ballot mailed & received

IC 3-11-4-17

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ABS Application Review & Approval

Once an ABS application is received it must be reviewed by ABS board or CEB to determine if the:applicant is a registered voter in the precinct;information on the application appears to be true;signature on the application substantially conforms with the voter’s signature on file in SVRSWith any difference accounted for by age or disability of the voter or the assistance affidavit was completed application was completed in compliance with state & federal lawIf ABS board disagrees that the voter compiled with all the above, then the application must be sent to CEB for final determinationIf the application is for an ABS-In Person voter, then the voter shall cast a provisional ballot

IC 3-11-4-17.5

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ABS Application Review & Approval

If an application is denied after review:For military & overseas voters: CEB must send a notice denying the application not later than 48 hours after the application is denied to the address the voter requested the ballot be delivered to by using the ABS-14 formThere is no notice requirement for domestic voters, but one can be sentBest to have a uniform nondiscriminatory policy if notice is sent to voters (if you send notice to one voter send to all voters in the same situation)Voter required to provide additional residency documentation who do not include it with their ABS-App cannot be denied a ballot because of this reasonInstead issue a ballot but make a notation in SVRS the voter still needs to provide this documentationVoter must be sent notice requiring the information be provided in the same envelope that contains their absentee ballot using the ABS-18 form

IC 3-11-4-17.5

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ABS Ballot Preparation

Use ballot layout law based on type of absentee ballot being created:For paper ballots use IC 3-11-2 onlyFor optical scan ballot cards use IC 3-11-13-11 & IC 3-11-2, generallyFor direct record electronic (DRE) machines use IC 3-11-14-3.5 & IC 3-11-2, generallyAdditional requirements for ABS paper and optical scan ballot cards:Signature and seal of the circuit court clerkIf clerk is on the ballot, as a candidate for any office, clerk’s signature is NOT included & seal must be generic seal provided by IEDSpace for initialing by an absentee voter board or CEB

IC 3-5-4-9 | IC 3-11-4-19 | IC 3-11-10-27

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ABS Ballot Preparation Deadlines

Not later than 60 days before the election the clerk must estimate the number of absentee ballots needed for the electionPrimary Election: March 6, 2020General Election: September 4, 2020Not later than 50 days before the election absentee ballots must be printed & delivered to the clerkPrimary Election: March 16, 2020General Election: September 14, 2020Absentee ballots printed and delivered to CEB by a vendor must be packaged and labeled stating:“This package contains [insert number of ballots] absentee ballot.”Ballot must be securely kept in the clerk’s office until ready to be sent to voter

IC 3-11-4-10 | IC 3-11-4-15 | IC 3-11-4-16

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ABS Voter Boards

To run a successful ABS program the CEB must appoint several ABS voter boards, ballot counting teams, and possibly couriersThese boards must be made up of two individuals nominated by the Democratic & Republican party chairsNon-voting students who qualify to be student poll workers may also be appoint to serve on a ballot counting or courier team if CEB unanimous approves such appointmentsABS board members must be able to read and write in English, have no property bet on the election, may not be a candidate in the election, or related to a candidate in the electionException: Unopposed candidates for party offices (PC, delegate) in the primary may serveException: Non-countywide candidates or relatives of candidate may serve so long as they are assigned duties where they will have no access to the ballots that the candidate’s name is printed on

IC 3-11-10-36 | IC 3-11.5-4-22

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ABS Voter Boards

Appointment DeadlinesCEB MUST notify the Democratic & Republican party chairs of how many ABS voter boards the parties need to fill not later than 50 days before the election Primary Election: March 16, 2020General Election: Sept. 14, 2020County chair must nominate IN WRITING the names of the individuals to serve not later than 46 days before the electionPrimary Election: March 20, 2020General Election: Sept. 18, 2020The CEB must appoint those nominated and submitted by chair by the deadlineAny vacancies on the ABS boards after the deadline must be filled by a voter selected by the CEBEach ABS board member must be trained before beginning duties

IC 3-11-10-39 | IC 3-11.5-4-23

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Preparing ABS-Mail Ballot Mailing

ABS Ballot “Packet”

Voter’s ABS ballot

Make sure there are two sets of initials! (see next slide)

ABS Voter Bill of Rights

ABS-6 security envelope

MUST be postage pre-paid!

ABS-18, if applicable

Applies to first time voters who registered to vote by mail and did not include additional residency information

Special “flag” in SVRS for those individuals

MOVE Information Sheet

ONLY applies to those voters who applied for an absentee ballot using the FPCA

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Preparing ABS-Mail Ballot Mailing

Don’t forget to work with your USPS mail analyst to ensure your envelopes include the proper indicia and layout to reduce issues with the post office! And don’t forget about the green USPS191 Tag to flag your ABS ballots with thepost officeTags can be ordered online!https://about.usps.com/forms/LiveCycle/psform1910_012018_lc.pdf

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ABS-Ballot Initialing

The absentee voting law provides options for who can initial an absentee ballot before it is given to a voter:For ABS-Mail ballot either an absentee voting board, the CEB, or the CEB’s designated representative may initial the ballotFor ABS-In Person:For non-vote center counties the initials must be printed in inkFor counties using an electronic pollbook the initials of the CEB or board’s representatives must be printed on ballot via a ballot on demand printerABS-Travel Board: CEB may adopt a resolution providing ballots must be initialed by the CEB or board’s representatives and not by the ABS board visiting the voterThe resolution remains in effect until rescinded by CEBDouble check if CEB has ever passed this resolutionCannot be rescinded during the last 60 days before an election

IC 3-11-4-19 | IC 3-11-10-27 | IC 3-11-13-28.1

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ABS-Ballot Initialing

If a DRE system is used for in person absentee voting or absentee voting by travel board then no clerk’s seal, signature, or initialing is required to be on the ballot screen

IC 3-11-10-26.2

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Sending Out ABS-Mail Ballots

“First Push” Deadline for voters with approved ABS-Mail or FPCA requesting a mailed, emailed or faxed ballot filed:Not later than 5-days after the ABS ballots were delivered to the clerk or 45-days before the election, whichever comes soonerPrimary Election 45-Day Mark: SATURDAY, March 21, 2020General Election 45-Day Mark: SATURDAY, September 19, 2020Applies to any voter whose ABS-Mail or FPCA form was received and approved before this deadlineNOTE: Ballot ready date in SVRS defaults to the 45-day deadline; submit a county authorization if your county would like that date moved upAfter this “first push,” counties MUST send ABS-Mail ballot or FPCA request on the same day the application is approvedABS-Mail ballot MUST be mailed using the ABS-8 form envelope and must contain the ABS-6 return envelope ABS-6 return envelope MUST include pre-paid postage and be pre-addressed back to the CEB

IC 3-11-4-18

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Returning ABS-Mail Ballot

Once the voter completes their ballot, the voter must:Place the ballot into the ABS-6 return envelopeSeal the ABS-6 envelope Sign the ABS-6 envelope affidavitVoter AssistanceA voter voting an ABS-Mail ballot may ONLY be provided assistance with sealing the ballot envelopeNearly any person may provide this assistance, except for the person’s employer or union representativeIndividual MUST sign the assistance affidavit found on the ABS-6 envelopeABS-Mail ballots may be delivered back to the CEB:By USPS mail or a bonded courier serviceDelivered in person by the voter, a member of the voter’s household, or the voter’s attorney in fact

IC 3-11-4-21 | IC 3-11-10-1

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Absentee-In Person

In-Person Absentee Voting Period:Begins 28 days before the election through noon the day before the election Primary Election: April 7, 2020, through NOON, May 4, 2020General Election: October 6, 2020, through NOON, November 2, 2020ALL counties must provide in-person absentee voting the two Saturdays before each electionFor counties with population of more than 20,000: Must be open for at least 7 hoursFor counties with population less than 20,000: Must be open for at least 4 hours

IC 3-11-10-26 | IC 3-11-10-26.3 | IC 3-11-18.1-4

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Absentee-In Person

Satellite LocationsCEB may establish a satellite location by passing a unanimous resolution establishing those locationsResolution must state the location and hours of each satellite locationIf a satellite location is established in the primary it must be used in the general electionThe resolution expires January 1 in the year after it was passedVote Center CountiesVote Center plan MUST include at least one vote center used on Election Day as a satellite voting location the two Saturdays before election dayThis may NOT be the Clerk’s Office, since all counties are required to have the clerk’s office open for those two Saturdays

IC 3-11-10-26 | IC 3-11-10-26.3 | IC 3-11-18.1-4

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Absentee-In Person

There are different methods for signing in absentee voters at the clerk’s office or satellite location:For counties not using electronic pollbooks: Vote completes ABS-In Person application & presents voter IDFor counties using ePBs and DREs: Voters signs ePB, sign an affidavit created by CEB (if any), presents voter IDCEB may prescribe an affidavit or procedure to document the unique identifier assign to the voter (in case the ballot is reject during counting) and file it with IED (for recount purposes)Copies of previous approved CEB affidavits or procedures are on file with IEDFor counties using ePB and ballot cards: Voters signs ePB, and presents voter ID, signs affidavit on ABS-7 form

IC 3-11-10-26

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Absentee-In Person

When absentee voting ends at noon the day before the election all those in the process of voting waiting to votewaiting in line to sign in must be allowed to voteClerk must designate a person to determine the end of the line to demark who can vote an absentee ballot and who arrived after the deadline by:standing behind the last person in line; writing down each voter’s in name waiting to vote; or stamping each voter’s hand

IC 3-11-10-29 | IC 3-11-18.1-4

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ABS-Travel Board

Certain voters can vote by a traveling absentee board:Ill or injured voters confined to their residenceCare takers caring for confined person at private residenceVoters with a disability who are unable toMake voting mark on ballot; orSign ballot return envelopeTraveling Board AppointmentsBegin 19-days before each election up to midnight, day before electionPrimary Election: April 16, 2020 to 12AM, May 4, 2020General Election: October 15, 2020, to 12AM, November 2, 2020On Election Day for those injured or hospitalized after the ABS voting deadline and prevented from voting at the pollsCEB must pass a resolution by unanimous vote to allow this type of ABS votingVisits must occur:During the regular business hours of the clerk’s office;At a time agreed to by the travel board and voter; andOnly once before election day unless –The voter is unavailable due to a medical emergencyThe travel board decides to make an additional visit after not being able to access the voter during the first attempt

IC 3-11-4-1 | IC 3-11-10-24 | IC 3-11-10-25

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ABS-Travel Board

Access to a voter cannot be denied during the agreed time set to visit the voter by any personTravel board should report any interference by a 3rd party to the CEBThe CEB, by unanimous vote of the board, may authorize a travel board to visit a voter confined outside of the countyCEB may also authorize the use of a DRE machine for travel boardsCEB may NOT authorize the use of an ePollbook for travel board visits; paper applications must be filed with CEBWhen voting a voter the travel board must:Allow the voter to verify their ballot selections, change those selections, and correct any error in (including getting a replacement ballot) a private and independent manner;Notify the voter of the effects of overvoting

IC 3-11-10-25 | IC 3-11-10-26.2

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Affidavit of Voter Assistance

PRE-3 must be completed by ABS voter board for in-person voting, if the voter requests assistance before entering the voting boothA voter with disabilities or a person who cannot read or write the English language may request nearly any one for help, except for their employer or union representativePRE-3 must be completed before entering the voting booth in these cases, too

IC 3-11-9-1 | IC 3-11-9-3

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Replacement ABS Ballots

Absentee ballots provided to a voter can be replaced for a variety of reason:Voter’s original ballot has not arrived within a reasonable timeVoter damages or destroys ballotThe ballot is lost, spoiled, does not include the required initials on it, or the voter return their ballot envelope but did not sign itError is found on ballot and CEB orders reprinting under IC 3-11-2-16Candidate dies and ballot reprinted under IC 3-11-3-29.5A voter may request a replacement ballot by filing the ABS-5 formOnce filed the ABS-5 must be placed with the voter’s original ABS ballotIf the original ABS ballot was returned mark the ballot envelope “canceled” and preserve the ballot envelope with the rest of the defective ballotsDeliver replacement ABS ballot to the voter

IC 3-11-4-17.7 | IC 3-11.5-4-2

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Replacement Ballots

Replacement ballot may be sent in the same manner as the original ballotException: if a voter whom originally voted by mail or travel board files their ABS-5 form in person at the clerk’s office or satellite location and that is approved while the voter is in the office can be delivered their replacement ballot to cast in personNOTE: Claiming to have requested the wrong party primary ballot IS NOT A REASON to receive a replacement ABS ballot!

IC 3-11-4-17.8

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Storing ABS Ballots

When the circuit court clerk receives an absentee ballot back from a voter the clerk shouldEnclose all accepted ballots by precinct in the same large or carrier envelopeSecurely store them in a cabinet or container with locks controlled by each appointed member of the CEB

IC 3-11-10-10 | IC 3-11.5-4-6

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Questions

Angela NussmeyerCo-Director317-232-3940anussmeyer@iec.in.govMatthew KochevarCo-General Counsel317-232-3942mkochevar@iec.in.gov

Brad King

Co-Director

317-233-0929

bking@iec.in.gov

Dale Simmons

Co-General Counsel

317-232-3929

dsimmons@iec.in.gov