Candidate Vacancies and Ballot Certification June 11, 2014

Candidate Vacancies andBallot Certification

June 11, 2014

Brad KingCo-Director, Indiana Election Division

2014 SBoA Circuit Court Clerks’ Conference

General Election Ballot Vacancies

• Hold your horses! First Questions to Ask:– Which office are we talking about?

– Candidate vacancies for U.S. Representative, State Senator, State Representative are filled at state level NOT county level (even if the entire district within one county). All filings made with state, state chairman (or designee) conducts caucus.

Which office are we talking about?• Candidate vacancies for Judge or Prosecuting Attorney are

filled partly at state level, partly at county level. All filings made with state, county chairman or designee conducts vacancy filling procedures.

• Candidate vacancies for other local offices are filled at county level NOT state level. All filings made with county, county chairman or designee conducts vacancy filling procedures.

More First Questions:

• Is this just a “candidate vacancy” or is there an “office vacancy” as well?

• Different laws apply:• IC 3-13-1 for candidates• IC 3-13-11 for officeholders

• Both candidate vacancy and office vacancy can be filled at same time.

More First Questions:

• Is this a “late ballot vacancy” under IC 3-13-2? Not unless vacancy occurred on or after October 5, 2014. Filled by party chairs or committees.

• Does chairman WANT to fill vacancy? If no, then no vacancy filling.

Two ways to fill candidate vacancies

• “OPTION 1”:– Direct appointment by county chairman

• “OPTION 2”:– Precinct committeeman caucus

OPTION 1: County Chairman Appointment

• “County committee” includes all precinct committeemen and vice-committeemen in county. Can authorize county chairman to fill candidate vacancies

• County committee can also authorize its four officers (chairman, vice-chairman, secretary, and treasurer) to fill candidate vacancies by “mini-caucus”, but this is rare. Some special requirements apply.

County ChairmanAppointment Authority

• Can be given at any time, such as party reorganization meeting, or county committee meeting this summer

• Can be “Name Specific” or not : John Doe authorized to fill vacancies; County Chairman authorized…

• Can be “Time Limited” or not: authorized to fill vacancies for 2014 ballot or “until otherwise ordered”.

• Can be “Office Specific” or not: authorized to fill all vacancies or “for County Surveyor”.

• No state form; can be minutes of meeting (usually signed by secretary), or “Resolution” of committee.

County Chairman Appointment Authority II

• NO NOTICE REQUIRED under state law for county committee meeting to give county chairman authority.

• NO QUORUM REQUIREMENT under state law for county committee meeting to give county chairman authority.

County ChairmanAppointment Authority III

• Copy of County Chairman Appointment Authority attached to CAN-29 form: Certificate of Candidate Selection to fill an Early Ballot Vacancy for a Local Office.

• Two other forms attached to CAN-29:– CAN-31 Declaration of Candidacy and Written

Consent to Fill a Ballot Vacancy in 2014.– CAN-12 Statement of Economic Interests for Local

and School Board Offices.

CAN-31 Declaration of Candidacy

• Must be filed with circuit court clerk for local offices, but different deadlines under Option 1 or Option 2.

• Under Option 1 (County Chairman Appointment Authority): No requirement to file 72 hours before appointment or until filing CAN-29.

• Under Option 2 (Precinct Committeeman Caucus): Must file CAN-31 with Circuit Court Clerk at least 72 hours before time set for caucus.

CAN-12: Statement of Economic Interests

• 2014 Election First Year for this requirement: Must be filed with CAN-29 Certificate of Selection.

• Here’s your badge: You are “candidate police” for this requirement. CAN-29 must be rejected if Statement of Economic Interests not included. (IC 3-8-9-6)

Option 2: Precinct Committeeman Caucus

• County Chairman starts process by sending CAN-30 Call of Political Party Caucus…to all precinct committeemen. (IC 3-13-1-9)

• CAN-30 must be sent by first class mail at least 10 days before caucus to all eligible participants.

• For local offices, must also be filed by noon 10 days before caucus with circuit court clerk.

“Eligible Participants”?

• Elected precinct committeeman always eligible, regardless of when vacancy occurs.

• Appointed precinct committeeman eligible if was serving as committeeman 30 days before vacancy occurred.

• Special rule if no candidate ran in primary: appointed committeeman can serve if reappointed following the primary in accordance with political party’s rules..

Option 2: Candidate Filings

• CAN-31 Declaration must be filed with circuit court clerk at least 72 hours before caucus.

• CAN-12 Statement of Economic Interest must be filed with CAN-29 Certification of Candidate Selection, NOT by 72 hours before caucus.

• EXAMPLE: There is caucus to fill candidate vacancy for county surveyor. Three candidates file CAN-31 before caucus. One candidate wins caucus. Only winning candidate required to complete CAN-12 statement of economic interest for filing with clerk with CAN-29.

Option 2: Caucus Procedures

• Candidate is selected by majority vote of “those casting a vote for a candidate”.

• Proxies not permitted to vote, except in special case where committeeman designates vice-committeeman.

• NEW: If political party has quorum requirement in party rules, and quorum not present, then county chairman can fill vacancy (IC 3-13-1-12(b))

Option 2: Certification

• Process completed when county chairman files CAN-29, with required attachments, with circuit court clerk.

Beat the Clock!

• Deadlines are critical: Circuit court clerk cannot accept filing offered after deadline (IC 3-5-4-1.9)

• Deadlines can differ, depending upon:– When candidate vacancy occurs; or– How candidate vacancy occurs

No one runs in a primary

• Vacancy occurs the day after the primary election (May 7, 2014).

• Party not required to wait until last minute!• Action must be taken by political party caucus or

chairman by noon, Monday, June 30, 2014.• If there is a caucus on final day (Option 2), then

notice to committeemen must be sent out by Friday, June 20. Notice filed with clerk by noon, Friday, June 20, 2014.

No one runs in a primary II

• If there is a caucus (Option 2) on final day, CAN-31 Declaration of Candidacy must be filed with circuit court clerk and county chairman no later than 72 hours before caucus (Friday, June 27, 2014).

• After caucus meets and selects candidate, county chairman must file CAN-29 Certificate of Caucus Selection with clerk no later than noon, Thursday, July 3, 2014.

Primary winner withdraws

• Primary Nominee can withdraw for no reason or any reason no later than noon, Tuesday, July 15, 2014.

• Files CAN-24 form with clerk for local offices (or with Election Division for Judge or Prosecuting Attorney).

• Withdrawal starts 30 day clock to fill vacancy.• Either Option 1 or Option 2 can be used.

Primary winner withdraws

• If precinct committeeman caucus (Option 2):– Same 10 day notice requirement to committeemen– Same 10 day notice requirement for caucus applies– Same 72 hours CAN-31 candidate filing requirement

with clerk & chairman applies.– DIFFERENT: CAN-31 certification must be filed by

noon 3 days after selection (not counting Saturday and Sunday).

Candidate Disqualification

• Can occur before or after July 15 withdrawal deadline.

• Most common reasons:– Moved out of election district (required withdrawal

even after July 15)– Death– Felony conviction

• Same “30 Day Clock” requirements and procedures as candidate withdrawal.

“Sore Loser Rides Again!”

• Candidate defeated in primary (“sore loser”) can be chosen to fill post-primary ballot vacancy of that political party if winner withdraws or is disqualified.

• Sore loser is still prohibited from running as candidate for same office as candidate for other party, independent, or write-in candidate.

General Election Ballot Certification

• Noon, Friday, August 22, 2014: Deadline for Indiana Election Division to certify to county election boards:– Name and residence of each candidate for

Secretary of State, Treasurer of State, Auditor of State, U.S. Representative, State Senator, State Representative, Judge, and Prosecuting Attorney

– Judicial retention questions for Supreme Court and Court of Appeals

General Election Ballot Certification II

• DO NOT PRINT BALLOTS based on website information or other unofficial sources – use state certification ONLY.

• Certification can be amended based on candidate challenges heard by Indiana Election Commission, or withdrawal or disqualification of candidates.

Questions?

Brad KingCo-Director, Indiana Election Division