Candidate and Filing Issues December 17, 2013 Brad King Co-Director, Indiana Election Division 2014 Election Administrators Conference.

Candidate and Filing IssuesDecember 17, 2013

Brad KingCo-Director, Indiana Election Division

2014 Election Administrators Conference

Overview

When Do You Become a Candidate?

• Generally speaking:– When taking action to qualify for ballot or as

declared write-in candidate (such as filing a CAN-2 declaration of candidacy)

– Publicly announces candidacy– Otherwise seeks nomination or election to office(IC 3-5-2-6(a))

Of course, an Exception:Campaign Finance Reporting

• For campaign finance law, person becomes “candidate” when person or candidate’s committee, or authorized agent:– Receives more than $100 in contributions; or– Spends more than $100 in expenditures

(IC 3-5-2-6(b))

Campaign Finance Filings

• EXAMPLE: Everyone wants to be county sheriff. They raised or spent money in 2013. Even though person can’t file for ballot yet, still required to file CFA-1 statement of organization and CFA-4 campaign finance report for 2013 by January 15, 2014.

Where Do You File as a Candidate?

• Candidates for certain offices file at state level (or certified by party conventions)– Federal offices (US Representative)– Statewide offices (Secretary of State, Auditor of

State, Treasurer of State)– Judges (Appellate retention; Circuit, Superior,

Marion Co Small Claims)– Prosecuting Attorney

Candidate Filing Quiz

• EXAMPLE: Attorney wants to run for judge or prosecuting attorney, but is confused. Where must candidate file forms?– A. File everything with the state.– B. File everything with the county.– C. File some things with county (campaign finance reports), and some

things with state (CAN-2 with SOS/IED, economic interest statement with State Court Administration.)

County Candidate Filings

• Candidates for certain offices file at county level (or certified by party conventions)– Circuit Court Clerk– County Constitutional offices (Sheriff, Auditor,

Coroner, Recorder, Surveyor, Treasurer)– Other county offices (Commissioners, Council,

County Assessor)– Township trustee, board member, twp assessor.– School board member

Small Town Candidates

• Some small town candidates will file at county for 2014:– Small town has switched ALL elections to general

election year– Small town has staggered terms for town council– Can create a “forms question”: CAN-2 or CAN-16?

Political Party Offices

• State Convention Delegate– Both D and R– File CAN-37 Declaration of Candidacy

• Precinct Committeeman– D only in 2014; Rs run in 2016– File CAN-37 Declaration of Candidacy– TIP: If running for both State Convention Delegate

and Precinct Committeeman, file separate CAN-37 forms for each office.

When Does “Filing” happen?

• IC 3-5-2-24.5(2): Election filing happens “when all of the following have occurred”:– (A) The presentation of document to an individual

required to receive document under election law.– (B) The receipt of the document by the individual.– (C) The recording of the date and time the

document was received by the individual.

Check that address!

• Presentation must be to correct office:– County election board, circuit court clerk, or town

election board may not accept candidate declaration on behalf of state

– If local office does accept filing in wrong location:• Local office may not act as agent for the state• Local office not required to transmit to state• Filing is void; Candidate’s name does not appear on

ballot unless document filed with state IC 3-5-4-1.2.

Postmark or POA Not Good Enough

• Document must be received by correct office:– Presentation and receipt may occur in person, but

candidate not required to personally appear– Final step is handwritten or machine file stamp by

office that records day (and on final day, time) of receipt.

• NEW in 2014: Power of attorney CANNOT sign declaration of candidacy for candidate.

“Not the Candidate Police.”

• A candidate filing cannot be rejected upon presentation to filing office except in 4 cases specified by statute:– State filing presented incorrectly to county. IC 3-5-4-

1.2– Not presented by [noon local time] deadline. IC 3-5-

4-1.9– Not on state-approved form. IC 3-5-4-8– Not accompanied by any required statement of

economic interest (CAN-12). IC 3-8-2-11; 3-8-9-6

Candidates Must Beat the Clock

• Missing noon local time deadline fatal error. • Have a procedure to determine when deadline

occurs. Whose clock rules? State coordinates with U.S. Naval Observatory Master Clock (DC) (202) 762-1401

State Approved Forms

• CAN-2 Declaration of Candidacy for Primary Nomination in 2014

DON’T GET BIT:Specific Candidate Problems

• .

Missing CAN-12?

NEW FOR 2014: CAN-12

• Candidate for local office must include completed CAN-12 with filing or filing must be rejected

• First election form will be used for township candidates

• TIP: Have blank CAN-12 forms available on counter for last morning filers.

Incumbent circuit court clerk

• If current circuit court clerk is running for re-election, or is candidate for another office:– Name or signature of clerk may not be placed on

ballot (except to indicate that clerk is candidate for office).

– Clerk must substitute uniform device for name and signature ordinarily printed on ballots. (IC 3-5-4-9)

Generic Circuit Court Clerk Symbol

Clerk’s Employee as Candidate

• Clerk or voter registration employee can run as candidate.

• Restrictions:– No electioneering in office or absentee voting area

(3-14-3-16)– Cannot serve as absentee board member (IC 3-11-

10-36). – Cannot assist on election day with “canvassing” (IC

3-12-4-4(c).

Party Problem Quiz

• EXAMPLE 1: May 2012 was the last primary that a candidate voted in. Candidate asked for “Party A” ballot. Now candidate wants to run in “Party B” primary in May 2014.– A. Candidate can do so. No questions asked.– B. Candidate can never do so. Should have

thought of that in May 2012.– C. Candidate can run if county chair of Party B

gives written consent.

County Chair Certification

State and county levels

• Challenges to candidates who file declaration with state are heard by Indiana Election Commission (separate administrative body from Election Division).

• Challenges to candidates who file declaration with county are heard by county election board.

Party Problems

• EXAMPLE 2: Voter is disappointed with result of primary election, and decides to run in general election as a “Write-In Democratic (or Republican)” candidate.– A. Candidate can run as write-in D or R candidate;

no problem– B. Candidate cannot run as write-in D or R – clerk

must reject filing.– C. Candidate cannot run as write-in D or R, but must

be challenged to be kept off ballot.

County Assessor – Level 3

• Can someone without Level 3 certification be candidate for county assessor in 2014 primary?– If candidate is not incumbent assessor (was

serving on January 1, 2012 and since), then must have Level 3 certification by primary deadline. (IC 3-8-1-23(c))

– If candidate is incumbent assessor, is not required to have Level 3 certification until 2016 election.

Small Town Candidates

• Which form to file? CAN-2 or CAN-16. • Answer: CAN-16 is used when town has not

adopted ordinance to conduct May 2014 primary for town offices.

• Filing period for these town offices runs through August 1, 2014.

• Small towns which DO NOT have a primary for town offices in 2014 may instead have town party convention in August if competition in same party for same office.

Deceased primary candidate

• Deceased candidate filed with state:– If state certification to county has not yet occurred,

election division omits name of candidate.– If state certification has been sent, election division

notifies county of deceased candidate.• Deceased candidate filed with county:– County election board decides unanimously that

good cause to believe candidate has died, then candidate name not printed on ballot.

Deceased primary candidate on ballot

• If primary ballot not yet printed, name of deceased candidate omitted from printing.

• If primary ballot already printed when candidate death certified, then ballot is NOT reprinted.

• Voter can ask for replacement absentee ballot (ABS-5) if deceased candidate was on ballot.

Candidate Challenges

• Most common reasons are:– Residence requirements– Political party affiliation– Felony conviction

• Other reasons include:– County assessor candidates and Level 3 assessor-

appraiser certification (IC 3-8-1-23)– “Little Hatch Act”

“Put Up or Shut Up Law”

• Registered voter of election district may challenge candidate for primary or general election

• Challenge must be sworn statement on CAN-1 • February 14 challenge filing deadline after

February 7 filing period ends.• Later deadlines for other candidate filings.

CEB Candidate Challenge Hearing

Same deadline as state for determination regarding primary candidates: February 27, 2014.

• Hearing informal, CEB can adopt procedures• Hearing subject to Open Door Law (IC 5-14-1.5) • Appeal deadline set by statute: must be filed with

circuit court not later than 30 days after CEB decision. (IC 3-6-5-34; 3-6-5.2-9 [Lake]; 3-6-5.4-10 [Tippecanoe]

General Election Requirement:Count Petition Candidate Signatures

• Certain candidates must have petition signatures counted with administrative determination made about sufficiency:– Independent/minor party general election

candidates– School board candidates (10 signatures in most

districts).• Candidate can administratively appeal

determination of insufficient signatures.

Petition Carriers

• NEW in 2014: Person who carries petition to place public question or candidate on ballot must provide, on each signature page:– (1) sworn statement that carrier has no reason to

believe that any signer is ineligible to sign, or did not properly complete and sign page

– (2) name, address, and date of birth of carrier.

Petition Carrier “Do Overs”

• If county voter registration office determines petition signature page does not contain required info from carrier, then office notifies carrier.

• Petition carrier may, BEFORE SUBMISSION DEADLINE, come into county office and sign carrier’s sworn statement or add carrier information.

Precinct Committeeman Lists

• Any elected official may require party county chair to provide name and address of precinct committeeman and vice committeeman of party (IC 3-6-2-10.5)

Recounts and Contests

• Candidate has right to file recount and election contest proceedings following election (IC 3-12-6; 3-12-8; 3-12-10; 3-12-11)

• New for 2014: Local Recount Commission member must have been “qualified to vote in election district”, not just “voter of the county” (IC 3-12-6-16)

• Maximum recount bond set. IC 3-12-6-10

Questions?

Brad KingCo-Director, Indiana Election Division