Small Town Elections Municipal Primary Elections or Town

Small Town Elections • Municipal Primary Elections or Town Convention • Town Election Board • Small Town Election Checklist • Small Town Election Reminders • Town Convention How-To • Holdovers Created by Iconicbestiary - Freepik. com

Small Town Elections • In the even-numbered general election years, the county election board conducts all elections (2020) • In the odd-numbered municipal election year, towns with a population less than 3, 500 MAY conduct their own municipal election (2019) • Population is determined by the decennial census (2010) • NOTE: Not an option for small towns within Marion County IC 3 -10 -7

Small Town Options for Major Party Candidate Nominations (2019) 1. Town Convention • Major parties hold town convention by August 21, 2019 to nominate contested candidates for November election • Default option if town council takes no action to pass an ordinance for a primary election (see below) 2. Town Primary Election • Town Council passes ordinance by January 1, 2019 to hold a primary election • Town Clerk-Treasurer files ordinance with county clerk by January 1, 2019 • Ordinance may not be changed more than one time in a 12 year period • County Election Board runs the election • Town does reimburse county for the election expense IC 3 -5 -3 -7 | IC 3 -8 -5 -2 | IC 3 -8 -5 -10

Small Town Municipal Election Options (2019) 1. County Election Board runs small town municipal (November) election for fixed fee or variable amount • Town does reimburse county for expenses 2. Town Election Board runs small town municipal (November) election • Town Council adopts resolution between Jan. 1, 2019, and Aug. 8, 2019 • Town Clerk-Treasurer files copy of resolution with county clerk by noon, Aug. 21, 2019 • Town Election Board manages November 2019 election • Resolution expires December 31, 2019 • Town is responsible for all costs of the election • Town MUST follow all state & federal election laws when conducting the election IC 3 -5 -3 -7 | IC 3 -10 -7 -2(b) | IC 3 -10 -7 -5. 5

Small Town Office Candidate Filing • All candidates running for office in 2019 file candidacy forms & campaign finance documents with the COUNTY clerk with the largest percentage of the population of the municipality • Candidacy forms include: • • CAN-16 (Declaration of Candidacy for Small Town Convention) CAN-42 (Declaration of Candidacy for Municipal Primary) CAN-44 & 45 (Independent or Minor Party Petition & Consent) CAN-12 (Statement of Economic Interests) • Remember, the CAN-12 MUST be presented at the time of filing candidacy document or the clerk must reject the filing • Filing deadlines apply uniformly between cities, towns and “small towns”

Small Town Office Candidate Filing • All candidates running for office in 2019 file candidacy forms & campaign finance documents with the COUNTY clerk • Campaign Finance forms include: • CFA-1 (Statement of Organization) • If office pays more than $5, 000 in a calendar year, must be filed: • No later than noon, seven days after raising or spending $100 OR • No later than noon, ten days after filing a declaration of candidacy, or noon, seven days after the candidate filing period closes, whichever comes first • If office pays less than $5, 000 in a calendar year, ONLY file when: • Candidate raises or spends $500 toward running for office • CFA-4 (Report of Receipts & Expenditures) • CFA-11 (“Large” Contribution Report) IC 3 -9 -1 -5 | IC 3 -9 -1 -5. 5

Small Town Election Board (2019) • Three member bi-partisan board • Used ONLY if town council adopts resolution to run November 2019 municipal election by August 8, 2019 • Democratic & Republican town committee chairs are members • County chair selects a registered voter of the town to serve as town committee chair • May not be a person holding town office • Must select one to serve as chair of board • Town Clerk-Treasurer • Serves as Secretary • • Required to follow Indiana election law Must call meetings, preserve meeting minutes May hire staff, deputy election commissioners Town council sets compensation for board members IC 3 -8 -5 -3 | IC 3 -10 -7 -7 | IC 3 -10 -7 -11 | IC 3 -10 -7 -12 | IC 3 -10 -7 -13 | IC 3 -10 -7 -15 | IC 3 -10 -7 -16 | IC 3 -10 -7 -20 | IC 3 -10 -7 -21

Small Town Election Checklist (2019) • Election checklist includes: • Decide voting method • Hand-counted paper ballots (IC 3 -11 -2; IC 3 -11 -11) • Optical scan ballot cards (IC 3 -11 -13) • Direct Recording Equipment (DRE) (IC 3 -11 -14) • Remember, must have a voting option available for persons with disabilities to vote independently and privately • Build ballot according to IC 3 -11 -2 and voting method • Hand-counted paper ballots may be modified slightly; see IC 311 -11 • Conduct public test of voting equipment • Must have voting equipment to assist voters with disabilities, so town election board would conduct public test IC 3 -10 -7 -32

Small Town Elections • Election checklist to include: • Absentee voting • Must offer absentee by mail, in-person “early” voting, travel board • Town board may adopt a resolution to reduce the number of early voting days by unanimous vote • Must include “findings of fact” to justify shorten days and hours including: • The number of absentee ballot application anticipated for submission; • The expense that would be incurred for having early voting during the entire 28 day period • The statement that voters would experience little or no inconvenience by restricting absentee voting days and hours IC 3 -10 -7 -22 | IC 3 -10 -7 -23 | IC 3 -11 -10 -26. 5

Small Town Elections • Election checklist to include: • Absentee voting • Absentee ballots to military & overseas voters MUST be mailed no later than 45 -days before the election (September 21, 2019) • Some military/overseas voters prefer to vote by fax/email, and the deadline date will differ • Are NO exceptions to this deadline for military & overseas voters, even if the in-person absentee hours are reduced! • Bi-partisan travel board teams must begin their appointments 19 -days before the election • Towns may NOT reduce the days travel board is available IC 3 -10 -7 -22 | IC 3 -10 -7 -23 | IC 3 -11 -10 -26. 5

Small Town Election Checklist (2019) • Election checklist to include: • Plan to appoint precinct election officials • Identify polling locations for each precinct • Polling locations must be accessible to persons with disabilities • Publish notice of election and location of polls • Emergency action plan This is NOT an exhaustive list of responsibilities the town election board would undertake to comply with Title 3 requirements. IC 3 -10 -7 -22 | IC 3 -10 -7 -23

Small Town Election Reminders • Election Equipment • May borrow equipment from county election board • Town is responsible for reimbursing county for moving equipment and any damage to the machines • Poll books • County clerk (or board of voter registration, if applicable) prepares a paper poll list of voters in each precinct within the election district • Paper poll lists are printed no later than 10 days before the election • Must include voter’s full name, address, and assigned identification number • Two copies of each precinct list is given to town election board IC 3 -10 -7 -31 | IC 3 -10 -7 -30

Small Town Election Reminders • Canvass results • Town election board canvasses results to determine the total vote cast on election day • Secure election materials • Poll lists, ballots, tally sheets, and other materials are filed with the county election board for preservation • Certificates of election • After the canvass, the town election board certifies the winners of the election to the town clerk-treasurer • If a public question is on the town ballot, the town election board would declare if the question was approved or defeated • Town clerk-treasurer may issue a certificate of election to each person elected IC 3 -10 -7 -33 | IC 3 -10 -7 -34

Small Town Election Reminders • County Election Board files the following with the Indiana Election Division: • CEB-9 (County Election Report) NEW! • Filed electronically through SVRS with information provided by the town election board, if applicable • Precinct level Results • Be sure to secure this information from town election board, if applicable • Names and mailing addresses of elected town judges • Governor issues a commission, and this information is necessary to complete this process IC 3 -6 -5 -17 | IC 3 -6 -5 -17. 5 | IC 3 -10 -7 -33 | IC 3 -10 -7 -34 | IC 3 -12 -5

Cost of Elections • In odd-numbered municipal election years, small towns are required to pay for their election: • If county election board conducts the primary or municipal election: • 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 that held an election based on the number of votes cast in each municipality’s election. • In vote center counties, this distribution applies to all costs the county incurred to run the 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. • If town election board conducts the November municipal election, the town is responsible for all costs. IC 3 -5 -3 -8 | IC 3 -5 -3 -9 | IC 3 -10 -7 -4

Town Convention How-To • Town convention will only be held if party has more candidates for a town office than can be nominated • Ex: Three Democratic Party candidates file to run for town clerk-treasurer • If nomination is uncontested the candidate that file the CAN-16 form is placed on the town’s municipal election ballot • For convention to be held Democrats, Republicans, and Libertarians must have a town party committee established IC 3 -8 -5 -3 | IC 3 -8 -5 -14. 3

Town Convention How-To • D, R, and L parties must establish town party committees • County party chair selects town party chair • Cannot be a candidate for office or hold office in the town • Town party chair appoints town party secretary • Town party officer must be registered voter of the town • Town chair organizes and runs town convention • Convention must occur by Aug. 21 • Notice to call the convention stating the date, time, and place convention will occur • File notice with county clerk and post in (3) prominent places around town including town clerk-treasurer’s office IC 3 -8 -5 -3 | IC 3 -8 -5 -10

Town Convention How-To • A person may participate and vote at the town convention if they meet all of the following: • Reside in the town on the convention date • Registered to vote at an address in the town by the date establish in the political party’s rules • Subscribes under penalties of perjury the person is affiliated with the political party • Complies with all political party rules regarding affiliation • A town voter can only participate in one party’s town convention IC 3 -8 -5 -11

Town Convention How-To • Before the convention the county election board must furnish the town party secretary with a list of the town’s registered voters • List must include when voter registered if the voter registered in 2019 • The town party chair and secretary serve as the convention chair and secretary • If the town party chair does not act as convention chair then the town party secretary acts as chair • If the town party secretary does not act as convention secretary then the convention must elect a convention secretary from among the voters participating at the convention IC 3 -8 -5 -11 | IC 3 -8 -5 -12

Town Convention How-To • First business item of the convention is for the chair to determine which voters are eligible to participate • If a voter objects to the chair determination the matter is put to a vote of all whose eligibility is not in dispute • Second business item is for the convention to approve the convention rules • The chair provide draft rules for the convention to approve • Model rules for D and R parties in Town Election Guidebook • Rules must include: • Voting method for nominating candidates (proxy voting and absentee voting not permitted) and resolving ties • Method for removing candidates from successive rounds of voting • Rights of nonvoting observers, media, candidate watchers, and others attending convention IC 3 -8 -5 -12

Town Convention How-To • A candidate at the town convention must receive a majority vote to be nominated for office on the municipal election ballot • When voting to nominate candidates for at-large town council seats (where more than one candidate may be elected) the candidates that receive the highest number of voter are nominated • Ex: At a convention where a 3 member at-large town council seat is on the ballot, the top 3 voter getters at the convention are nominated for that office on the ballot IC 3 -8 -5 -12

Town Convention How-To • Following the convention chair and secretary must complete, sign, and file the CAN-18 certificate of nomination with the county clerk by NOON, August 28, 2019 • The county clerk must file a copy of the CAN-18 they receive with the town clerk-treasurer by NOON, September 4, 2019 IC 3 -8 -5 -13

Holdovers • When there is no candidate on the ballot for an office the incumbent holding the office at the end of the office’s term continue to serve in that office • Referred to as “holding over” • The office holder continues in office until a successor is elected and qualified (the next time the office is on the ballot) Indiana Constitution Article 15, Section 3

Holdovers • For at-large town council seats where there was no candidate on the ballot or fewer candidates on the ballot than the number of seats to fill • The town council must determine which incumbent atlarge town council member will hold over • The town council must make determination at council meeting and no later than December 31, 2019 • The clerk-treasurer must give 10 days notice of the council meeting where the vote will take place • Notice must be in writing, state the date, time, place, and purpose of meeting, and be sent to each council member by first class mail IC 3 -13 -9 -5. 6

New Clerk Planning • There are many documents, ordinances, and resolutions that are filed with the clerk’s office that determine how elections are run • When entering office take stock: • Redistricting ordinances on file at office for county commissioners, county council, city council, town council, and school board seats • When those ordinances were enacted and filed with clerk’s office • What ordinances should be on file at clerk’s office and are not

New Clerk Planning • Send letter to each small town clerk-treasurer asking for: • A copy of the town’s current redistricting ordinance; • Ask even if its already on file at office (Use to confirm if you have the latest copy) • How many single member districts and at-large multimember districts that town has; • Which seats are up for election in 2019; • A copy of the town’s council district map; and • Reminder the town of the August 8, 2019, deadline to enact resolution if they want to run their own election

Small Town Council District • If ordinance adopted in 2011 or later creating or recertifying town council districts was NOT filed with circuit court clerk as of January 1, 2018, then town council districts have been abolished • Every town council member will run “at large” in the next election UNLESS the town whose district were abolished adopted ordinance creating districts on or before November 8, 2018 IC 36 -5 -2 -4. 1(n) | IC 3 -11 -1. 5 -32

Deadline Reminders • 11/8/18 – Deadline for towns/cities to enact redistricting ordinance before 2019 election • Any ordinance must be file with county clerk no later than 30 days after enactment • Should have new ordinance on file by 1/1/19 • 1/1/19 – Deadline for small town to pass ordinance to hold primary for D and R nominations • Clerk-treasurer must file copy of ordinance with the county clerk, who should have it on file by 1/9/19 to aid with candidate filing • 8/8/19 – Deadline for small town to pass resolution to establish town election board to run election • 8/21/19 – Noon deadline to file town election board resolution with county clerk • 8/21/19 – Deadline for small town convention to be held

Deadline Reminders • 8/28/19 – Deadline for town chair to file for town convention candidate certificate with county clerk • 9/4/19 – Deadline for clerk to file copy of town convention candidate certificate with town clerk-treasurer • 9/4/19 – Deadline to file challenge against small town candidate with county or town EB • 9/11/19 – Deadline for county or town EB to resolve challenge • 10/26/19 – Deadline for county VR official to provide poll list to town election board for use on election day • 11/5/19 – Election Day • Polls open from 6 am – 6 pm

Questions? Indiana Election Division 200 West Washington Street, Room E 204 Indianapolis, Indiana 46204 www. in. gov/sos/elections | campaignfinance. in. gov 317 -232 -3939 | elections@iec. in. gov Image Created by Freepik