2012 CIRCUIT COURT CLERK’S ASSOCIATION FALL MEETING BALLOT SPECIFICATIONS BALLOT ERRORS Dale R. Simmons, Co-General Counsel Indiana Election Division.

2012 CIRCUIT COURT CLERK’S ASSOCIATION

FALL MEETING

BALLOT SPECIFICATIONS

BALLOT ERRORS

Dale R. Simmons, Co-General CounselIndiana Election Division

BALLOT SPECIFICATIONS

Ballot Certifications

IED certifications are “official” and these certifications, plus local public questions and candidates filed with county election board, determine content of ballot (IC 3-8-7-25)

Do not determine ballot content from the SVRS or what you hear on TV or see on the Internet.

BALLOT SPECIFICATIONS

Where to Find Specifications

BALLOT SPECIFICATIONS

Where to Find Specifications

See Handout for specifications for: Ballot Instructions Order of Ballot Questions, Offices and

Retention QuestionsOrder of Political Parties Within OfficesSpecifications regarding write-in

candidate spaces on the ballot

BALLOT SPECIFICATIONS

Where to Find Specifications

IC 3-11-2 is an excellent place to start regarding instructions and ballot order but important variations exist in chapters for ballot cards (IC 3-11-13) and DRE (IC 3-11-14)

Devices for paper- circle must be at least ¾ inch in diameter (IC 3-11-2-9)

Ballot Card and DRE- circle enclosing device may be of any size that permits voter to readily identify the device (IC 3-11-13-11(c); IC 2-11-14-3.5(d))

BALLOT SPECIFICATIONS

Where to Find Specifications

Straight Party Instructions: Paper: “instructions for voting a straight party

ticket shall be placed to the right of the device” (IC 3-11-2-10(b))

Ballot card: “may be placed on the ballot beside or above the names and devices” (IC 3-11-13-11(l))

DRE: “may be placed on the ballot label or in a location within the voting booth that permits the voter to easily read the instructions” (IC 3-11-14-3.5(i))

BALLOT SPECIFICATIONSSpecification Tips

Public Questions come before offices but Judicial Retention Questions are not placed on the ballot until after the offices

Don’t forget instruction about presidential electors

Write-in candidates are not placed on ballot Write-in space provided for federal candidates

whether or not write-in candidate filed Write-in space only necessary for state and

local candidates if write-in candidate filed

BALLOT SPECIFICATIONS

BALLOT SPECIFICATIONS

Specification Tips

School board “under a nonpartisan title” on ballot

You do not need separate school board or public question only ballots

School board write-in candidate filing deadline is noon Wednesday September 12 which may impact your decision to provide a write-in space

BALLOT SPECIFICATIONS

BALLOT ERRORS

BALLOT ERRORS

Ballot Printing/Programming Errors

Examples: Omit a race, omit a candidate, misspell a candidate name, error in ballot instructions

How to AvoidThree Keys: Proof proof and proof IED will review ballot format and

instructions on request

BALLOT ERRORS

Ballot Printing/Programming Errors What to do:

Reprint/Reprogram ballots OR Conduct Hearing with notice to interested

political parties and candidates If CEB finds that error not likely to cause

confusion or mistakes and no objection is filed before end of hearing and then CEB may vote to use ballot

If written objection filed before end of hearing then CEB must reprint or correct (IC 3-11-2-16)

Use ABS-5 procedure so absentee voters can apply for corrected ballot (IC 3-11-4-17.7; IC 3-11-10-1.5)

BALLOT ERRORSBallot Distribution Errors

Examples: Split Precincts (School board district 1

and 2 in same precinct and voter gets wrong ballot)

Consolidated polling places for precincts Illegal precinct (crosses state legislative

boundary) or precinct key error How to Avoid:

Avoid situations that create the riskSeparate poll books and train poll

workers in split or consolidated precinct

BALLOT ERRORS

Ballot Distribution Error (continued) What to do if ballot distribution error

occurs: On election day:

Spoil ballot and provide voter new ballot if catch before voter casts ballot (IC 3-11-13-35; IC 3-11-14-23(d); IC 3-11-8-25.5)

Absentee Voters:

Use the ABS-5 procedure to apply for the correct ballot (IC 3-11-4-17.7; IC 3-11-10-1.5)

BALLOT ERRORS

Running Out of Ballots

How to avoid: Make a good estimate

Absentee ballots- estimate per IC 3-11-4-10

Ballot cards only- 100% of voters in the precinct on the poll book

DRE only need “number of ballots that will be required...for emergency purposes only (IC 3-11-3-11)

BALLOT ERRORS

Running Out of Ballots (continued) What to do if you run out of ballots:

Be prepared for back up printing and distribution capacity for paper-based ballots

In worst case scenario you can copy blank ballots

Have contingency plan for repair and replacement of DREs

Determine need for vendor support

BALLOT ERRORSAbsentee Ballots Without Bipartisan

Initials Absentee ballots without bi-partisan initials-

Absentee ballots must have bi-partisan initials or ballot may not be counted (IC 3-12-1-13)

Mailed ballots- two members of ABS board or two appointed members of CEB or designees (IC 3-11-4-19)

In person and absentee traveling board- ballots must also have bi-partisan initials (IC 3-11-10-27)

Exception: Initials not required for absentee votes cast on DRE (IC 3-11-10-26.2(f))

BALLOT ERRORS

Absentee Ballots Without Bipartisan Initials

How to avoid- training and oversight of absentee voting process

What to do if absentee ballots sent without bi-partisan initials If voter voting in person or before travel

board ballot can be spoiled and replaced (IC 3-11-10-25(e); IC 3-11-10-26(b))

If by mail then use the ABS-5 procedure (IC 3-11-4-17.7; IC 3-11-10-1.5)

BALLOT ERRORS

Provisional Ballot Errors

Examples:Failing to provide voter the opportunity

to complete provisional ballot if not otherwise entitled to regular ballot (IC 3-11.7-2-1) (HAVA violation)

Failing to properly fill out paperwork- PRE-4 challenge/response; PRO-2

Failing to initial provisional ballot (IC 3-11.7-5-5; IC 3-11-7.5-5-1.5 & 5)

BALLOT ERRORS

Provisional Ballot Errors How to avoid:

Training Precinct materials- forms and manuals Election day support

What to do if mistake is made Determine if provisional ballot may

nonetheless be counted under IC 3-11.7-5-1.5 (cast by voter in compliance with law but may not otherwise be counted solely as result of election officer’s act or failure to act)

BALLOT ERRORS

Accessible Voting Sytem Accessible polling places and accessible voting

system in each polling place are required

Survey polling places for accessibility (IC 3-11-8-3; resources at www.in.gov/sos/elections/2655.htm

One DRE or Hybrid per polling place to permit disabled to vote “privately and independently” per IC 3-11-15-13.3 & Federal HAVA

Make sure poll workers receive polling place and voting system accessibility training required by IC 3-6-6-40(c)(1)

This Kitty Had No Ballot Errors