INDIANA VOTER REGISTRATION ASSOCIATION CONFERENCE May 17 18

INDIANA VOTER REGISTRATION ASSOCIATION CONFERENCE May 17 -18, 2017 Indiana Election Division Brad King, Co-Director bking@iec. in. gov 317 -233 -0929 Dale Simmons, Co-General Counsel dsimmons@iec. in. gov 317 -232 -3929

OVERVIEW OF STATE VOTER REGISTRATION LAW • Layers of federal law, Indiana law, county orders and procedures. Plus court cases. • Indiana Election Code, 2016 Edition, the “blue book” and purple Indiana Voter Registration Guidebook to be republished later in 2017. • Not all state laws relevant to elections in book. • For all state laws: http: //iga. in. gov/

WHAT’S IN THE BLUE BOOK? • Indiana Constitution election provisions (p 5455). Basic foundation: who is eligible to vote, for example. • Indiana Code 3 -5 -2 (Election law definitions). p 78 -89. Example: What is “local office”? • Indiana Code 3 -7 (Voter registration article). p 142 -219. • Indiana Code 3 -11 -8 (Election Day VR ‘failsafes”). Example: “additional documentation” p 371 -384.

WHAT’S IN THE BLUE BOOK? • Indiana Code 3 -14 -2 and 3 -14 -3 (Penalties for violations). p 545 -555: • Knowingly false VR application. • Conspiring with another person to do so. • Paying a person to register to vote. • Signing name of another person to VR app. • Failing to deliver VR application to county.

WHAT’S IN THE BLUE BOOK? • Indiana Code 3 -14 -6 (Profiteering from VR information). p. 559: • Granting request for VR information knowing that info will be used to “solicit sale of merchandise, goods, services, or subscriptions” • Get request documented on VRG-24 form.

WHAT’S IN THE PURPLE MANUAL? • Detailed Guidance on administration of law: • VR Qualifications (residence, imprisonment) • Processing “Special Cases” VR applications, such as military, college students, homeless, additional documentation requirements. • Voter List Maintenance • Fail Safe Procedures • Violations and Penalties

2017 LEGISLATION

2017 LEGISLATION • S

ROLE OF “COUNTY VOTER REGISTRATION OFFICE” • Are you a “county voter registration office”? In most counties, circuit court clerk is “the office”. • “Voter registration deputy” as part of clerk’s office. • Some counties have separately created “board of registration” (2 members, nominated by and serving at pleasure of county party chairs. )

HOW DOES REGISTRATION PROCESS WORK? • An individual APPLIES • Forms must either be state approved, federal form or FPCA. • Bureau of Motor Vehicles and some other offices are “full service” voter registration sites. • Mail-in forms, mailed or delivered to county or to state. • On-line registration

HOW DOES REGISTRATION PROCESS WORK? • A County Voter Registration office DECIDES • Is registration on a valid form? • Is registration complete? • Is voter qualified (age/citizenship, for example)? • Is application timely? (different deadlines for different voters and methods of filing)

WHAT HAPPENS AFTER APPLICATION PROCESSED? • County Voter Registration office can approve application, reject application, or determine that application is incomplete. • If rejected, county mails notice to applicant. • If incomplete, county contacts applicant to obtain necessary information. Special procedure for age, citizenship questions. • If approved, county mails notice to applicant, whose application becomes “pending”.

STATE V. FEDERAL FORM • Both forms require voter to: • include name, residence address and contact information • affirm US citizenship, age of 18+ • share SSN (last 4 digits), Indiana driver’s license/ID number • sign document • Officials MUST accept current versions of either federal or state form, even though different formats 13 IC 3 -7 -22 -2

STATE V. FEDERAL FORM • Receipt requirements for State form VRG-7 or VRG-11 • State VR form (VRG-7) requires a registrar taking custody of another’s form to complete the receipt at the top AND bottom of form • Tear off receipt: MUST provide name, HOME address and date form was received • Registration form: MUST provide name, HOME address, date form was received AND include signature 14 • No Receipt requirement for federal form IC 3 -7 -34 -1. 5(b)

FEDERAL FORM • Receipt requirements • State VR form (VRG-7 or VRG-11) requires a registrar taking custody of another’s form to complete the receipt at the top AND bottom of form • Tear off receipt: MUST provide name, HOME address and date form was received • Registration form: MUST provide name, HOME address, date form was received AND include signature 15 IC 3 -7 -34 -1. 5(b)

CERTIFICATE OF ACCEPTANCE • When is registrar information needed on VRG-7/11 • If person takes custody of another’s VR form, not only is the receipt necessary but so is completing the certified statement of acceptance • No certificate of acceptance on federal form 16 IC 3 -7 -34 -1. 5(b)

CERTIFICATE OF ACCEPTANCE Missing Certificate Information • What happens if registrar info is missing or incomplete? • Must attempt to complete • If remains incomplete voter is NOT penalized! • Must process the voter registration form and accept if otherwise complete • Application should be forward to county election board • CEB will investigate and/or hold a hearing to determine if an election law violation occurred 17 IC 3 -7 -34 -4. 5 | IC 3 -6 -5 -31

INCOMPLETE REGISTRATIONS • SOP VRG 1. 3 • Process applications in SVRS and place in “Incomplete Hopper” • Contact voter by mail and phone (if available)

SVRS PROCESS-INCOMPLETE

REQUEST MISSING INFORMATION-INCOMPLETE

INCOMPLETE REGISTRATIONS Incomplete notice

INCOMPLETE REGISTRATIONS • How long does voter have to provide missing information? • DEPENDS ON WHAT IS MISSING • 29 days out to answer age and citizenship questions • 10 days out to provide all other missing information IC 3 -7 -34 -3

CAN VOTER PROVIDE MISSING INFORMATION OVER THE PHONE?

INCOMPLETE REGISTRATIONS • DEPENDS ON WHAT IS MISSING • Age and citizenship must be answered in writing • Signature or voter’s mark must also be provided in writing • All other missing items can be provided over the phone and county user completes the application • Best practices—county user should initial items obtained over the phone and filled in by user.

INCOMPLETE REGISTRATIONS What to do when application remains incomplete 10 days out--certify a list of those outstanding incompletes to CEB • Upon certification, reject outstanding incomplete applications • Send disposition notice to voter

VOTER REGISTRATION DEADLINES

MATCHING VR DEADLINES a. Register by Mailpostmark (General Rule) b. Register by Mail no postmark a. Received in mail by Monday aft Day 29 b. Postmarked by Day 29 before Election c. Register in person at c. 11: 59 pm Day 29 county VR or fulld. Received by Day 8 service agency (BMV) before Election d. Online Registration e. Received by Day 29 e. Military/Overseas before Election Answers: a-b, b-a, c-e, d-c, e-d; (depends on Columbus Day)

VOTER REGISTRATION DEADLINES § Received by Mail with Postmark Ø Must be postmarked by Monday, Day 29 regardless of when received Regular deadline would fall on Tuesday, Day 28 if registration deadline is moved due to state holiday (Columbus Day) § Received by Mail with No Postmark (or illegible postmark) Ø If postmark is missing then registration is timely if it’s received by county or by IED by next Monday after Day 29.

VOTER REGISTRATION DEADLINES § Applications hand-delivered or mailed to IED Ø Timely if hand-delivered or postmarked by Day 29, or if mailed with postmark, if received by IED by Monday after Day 29 (same as county) § Applications hand-delivered or mailed to wrong county Ø Timely if hand-delivered or postmarked by Day 29, or no postmark, if rec’d by IED by Monday after Day 29 (IC 3 -7 -34 -9(c); IC 3 -7 -33 -4) Ø Timely if timely submitted at full-service agency but sent to wrong county

VOTER REGISTRATION DEADLINES n Registrations submitted at full-service registration agencies (FSSA or BMV, for example) Ø Timely if submitted at full-service registration agency as part of a full-service transaction (VRG-6) by Day 29 This is true even if the BMV mails the registration forms to your office and your office receives them after Day 29 Full-Service agency must transmit registrations within 5 days of receipt

VOTER REGISTRATION DEADLINES n Online Voter Registration- 11: 59 pm Day 29 (prevailing local time) n Military and Overseas voters- Monday, Day 8

VOTER REGISTRATION DEADLINES § Have Options at the ready: Ø Hand-deliver by Day 29 to your office or IED Ø Get application postmarked by Day 29 (What post office is open in your area that can postmark that day? What are the post office hours? ) Ø If have a full-service transaction at voter registration agency Day 29 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 11: 59 pm Day 29 Avoids delay of mail and county data entry

VOTER REGISTRATION DEADLINES n The 7 -day pending period is not suspended after registration closes (SOP VRG 13. 1) Ø VR applicant is not legally registered to vote until expiration of pending period Ø If acknowledgement notice mailed is presented in person at county VR person can be active before 7 -day pending period expires Ø Overlap of in-person absentee voting: Absentee voters who are not active may vote a provisional ballot (IC 3 -11 -4 -17. 5(a))

VOTER REGISTRATION DEADLINES Lockdown of Auto Activate & Pending Period n After Day 29: County can continue to process timely registrations after Day 29 but, to do so, county must enter Day 29 or earlier in “Date App Received” field If Day 29 or earlier is not entered in “Date App Received” filed you will receive “Registration period is currently closed” message and would have to override to process for the upcoming election

VOTER REGISTRATION DEADLINES

VOTER REGISTRATION DEADLINES Lockdown of Auto Activate n Even though “Auto Activate” locked after Day 29 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 Brandon Kline at SOS; 317 -234 -8354) 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”

VOTER REGISTRATION DEADLINES SVRS Navigation to Auto Activate

SPECIAL CASES Homeless or Mobile Voter § Voter may provide a description of applicant’s residence on the “residence address” line on the application or provide a map or diagram of the applicant’s residence. (IC 3 -7 -34 -1. 5; IC 3 -7 -37) ØExample # 1: Lives at Homeless shelter ØExample # 2: Lives under bridge ØExample # 3: Where voter parks camper § Voter must provide a mailing address within county for mailing of acknowledgement notice

SPECIAL CASES • College students may register to vote in one of two places: 1. Address where they live attending school OR 2. Address where they live while not attending school 39 IC 3 -5 -5 -7(b)

SPECIAL CASES Convicted of Crime and Released • Must re-register by submitting new application. • Can register even if still on parole, probation, community corrections. • REMEMBER: Voter never loses right to vote while in custody until CONVICTED of a crime. If being held before trial (example: can’t make bail), then voter remains registered. THANKS! Any questions? 40 IC 3 -5 -5 -7(b)