Dale Simmons Co-General Counsel - PowerPoint Presentation

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Dale SimmonsCo-General CounselIndiana Election Division(317) 232-3929dsimmons@iec.in.gov

2012

VOTER REGISTRATION ASSOCIATION CONFERENCESlide2

Voter Registration Crunch TimeSlide3

Voter Registration Crunch TimeHow Voter Registration deadlines work in 2012: October 9, 2012 is the registration deadline because the regular deadline (October 8) is a state holiday (Columbus Day)

In Contrast, county offices open on Columbus Day begin in-person absentee voting October 8 because it is the

first day

for an activity and is not a deadline so it does not transfer to October 9Slide4

Voter Registration Crunch TimeApplying Postmark Rules to VR deadline:A registration received by county or IED that is postmarked by October 9 is timely

(IC 3-7-33-4)

If postmark is missing then registration is timely if it’s

received

by county or by IED

by Monday October 15

Registrations submitted at full-service registration agencies (FSSA or BMV, for example) by October 9 but mailed to you after October 9 are timely- they are not subject to postmark rule

Postmark rule does not apply to absentee ballot applications to vote by mail

which must be

received by

11:59 p.m. October 29Slide5

Voter Registration Crunch TimeOther Registration Deadlines:Online voter registration by midnight (11:59 p.m.) on October 9, 2012

(IC 3-7-33-3.5(b))

Registration deadline for Military and Overseas voters have a “received date.” So long as you receive it by October 29, 2012 it is timely even if postmarked after October 9

(IC 3-7-36-10)Slide6

Voter Registration Crunch TimeWhy didn’t someone tell me the deadline to register is Tuesday October 9!!!!!!!Slide7

Voter Registration Crunch TimeLast minute options: Hand-deliver by Oct. 9 to your office or IED

Get application postmarked by Oct. 9

If have a

full-service transaction at voter registration agency Oct. 9 or before (BMV renew license or apply for benefits at FSSA, for example)

If no full-service transaction at agency person is given a mail-in form (VRG-7)

Online voter registration by midnight October 9

Avoids delay of mail

Avoids county data entrySlide8

Voter Registration Crunch TimeAcceptable routine forms: VRG-7, VRG-11, VRG-6, FPCAVRG-6 are timely if voter registered by the registration deadline and agency has 5 days to mail. Postmark rule does not apply if registration was made at an agency on or before deadline

Acceptable unusual form: We see many more “federal” forms in presidential year

Not acceptable: State of

Michigan registration form

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Federal FormSlide10

Michigan Registration FormSlide11

Voter Registration Crunch TimeThe 7-day pending period is not suspended by crunch time (SOP VRG 13.1)

VR applicant is not legally registered to vote until expiration of pending period

If acknowledgement notice mailed is presented in person at county VR person can be active before 7-day pending period expires (override)

Overlap of in-person absentee voting: Absentee voters who are not active may vote absentee and ballot “shall be treated as a provisional ballot”

(IC 3-11-4-17.5(a))Slide12

Voter Registration Crunch TimeWhat’s an SOP?

SVRS Standard Operating Procedures (Calendar and Links from main page)

Guidance from IED on application of the law to voter registration transactions and how to implement them in the SVRSSlide13

Voter Registration Crunch TimeLockdown of Auto Activate & Pending PeriodAfter October 9: County can continue to process individual registrations & activate them after October 9

You will get a notice in SVRS that registration is closed but you simply

go past

that for timely registrations

However “Auto Activate” of pending voters will be locked in SVRS after registration closesSlide14

Voter Registration Crunch TimeSlide15

Voter Registration Crunch TimeLockdown of Auto ActivateEven though Auto Activate locked after Oct. 9 it can be unlocked if county unable to process registrations in time to print on poll book

County must submit request for approval to core team per SOP GEN 7.2 (updated request on county portal or from Marsha)

If approved county may auto-activate pending voters for poll book purposes only

County must update SVRS record and poll book using “Pending Voter List Report” Slide16

Voter Registration Crunch TimeSVRS Navigation to Auto ActivateSlide17

Voter Registration Crunch TimeVoter List Maintenance Program Deadline (also sometimes referred to as “lockdown

”

)

A voter list maintenance program must be completed no later than 90 days before the election (August 8) (

IC 3-7-38.2)

This refers to a “general” program like a county-wide mailing or NCOA mailing

A county may still cancel registrations based upon:

1) Request of the voter, including transfers;

2) Death of voter (DOH hopper)

3) Imprisonment following conviction of crimeSlide18

Voter Registration Crunch TimeDuplicate Registration: This year more than any other people submit duplicate registrations

More $$$$ spent on voter registration drives

People concerned they have been cancelled solely because they haven’t voted in a while

“County voter registration office shall send a notice (acknowledgement notice) to each person from whom the county…receives a voter registration application” (IC 3-7-33-5(b))

No exception for “similar” or “substantially similar” applicationsSlide19

Voter Registration Crunch TimeIncomplete Registrations (SOP VRG 1.3)Registrations are not “incomplete” because first time voter registering by mail did not include documentation (See SOP VRG 50.1)

Required to contact voter once by mail once by phone to complete registration

“Age” and “citizenship” questions requires “written statement” by registration deadline

Other information may be provided in writing or over the phone (must “document” information provided over the phone)

Certify incomplete to CEB if not completed by 10 day deadline for poll bookSlide20

New LegislationIndiana General Assembly website:www.in.gov/legislative under “Bills and Resolutions”Election Division 2012 Legislative Summary:www.in.gov/sos/elections/ and select “Election Administrator’s Portal” and then select “legislative summaries”New 2012 Election Code Book SupplementAvailable August 2012Slide21

New Legislation Petition CandidatesCounty election board may not include petition candidate (minor party or independent) on ballot unless both CAN-19 and CAN-20 are timely filed. (New IC 3-8-6-12.5)No candidate challenge is necessary for board to keep candidate who fails to file timely CAN-19 or CAN-20 off the ballotSlide22

New LegislationAll Petition CandidatesCounty Voter Registration Office must certify whether the signatures on a petition are registered voters of the election districtClerk must still certify whether or not candidate submitted sufficient number of certified petition signatures (IC 3-8-6-12) 2% of the total votes cast for the office of Secretary of State in 2010Sample certification, and denial of certification, available from IED in word formatSlide23

The ENDWhen your stressed out remember the best thing about the 2012 Presidential Election is….you know that 2013 is a non-election year!