Dale Simmons Co-General Counsel Indiana Election Division (317) 232-3929 [email protected] 2012 VOTER REGISTRATION ASSOCIATION CONFERENCE.

Dale SimmonsCo-General Counsel

Indiana Election Division(317) 232-3929

[email protected]

2012VOTER REGISTRATION

ASSOCIATION CONFERENCE

Voter Registration Crunch Time

Voter Registration Crunch Time

How Voter Registration deadlines work in 2012: October 9, 2012 is the registration

deadline because the regular deadline (October 8) is a state holiday (Columbus Day)

In Contrast, county offices open on Columbus Day begin in-person absentee voting October 8 because it is the first day for an activity and is not a deadline so it does not transfer to October 9

Voter Registration Crunch Time

Applying Postmark Rules to VR deadline: A registration received by county or IED that is

postmarked by October 9 is timely (IC 3-7-33-4)

If postmark is missing then registration is timely if it’s received by county or by IED by Monday October 15

Registrations submitted at full-service registration agencies (FSSA or BMV, for example) by October 9 but mailed to you after October 9 are timely- they are not subject to postmark rule

Postmark rule does not apply to absentee ballot applications to vote by mail which must be received by 11:59 p.m. October 29

Voter Registration Crunch Time

Other Registration Deadlines:

Online voter registration by midnight (11:59 p.m.) on October 9, 2012 (IC 3-7-33-3.5(b))

Registration deadline for Military and Overseas voters have a “received date.” So long as you receive it by October 29, 2012 it is timely even if postmarked after October 9 (IC 3-7-36-10)

Voter Registration Crunch Time

Why didn’t someone tell me the deadline to register is Tuesday October 9!!!!!!!

Voter Registration Crunch Time

Last minute options: Hand-deliver by Oct. 9 to your office or

IED Get application postmarked by Oct. 9 If have a full-service transaction at voter

registration agency Oct. 9 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 midnight

October 9 Avoids delay of mail Avoids county data entry

Voter Registration Crunch Time

Acceptable routine forms: VRG-7, VRG-11, VRG-6, FPCA VRG-6 are timely if voter registered by

the registration deadline and agency has 5 days to mail. Postmark rule does not apply if registration was made at an agency on or before deadline

Acceptable unusual form: We see many more “federal” forms in presidential year

Not acceptable: State of Michigan registration form

Federal Form

Michigan Registration

Form

Voter Registration Crunch Time

The 7-day pending period is not suspended by crunch time (SOP VRG 13.1)

VR applicant is not legally registered to vote until expiration of pending period

If acknowledgement notice mailed is presented in person at county VR person can be active before 7-day pending period expires (override)

Overlap of in-person absentee voting: Absentee voters who are not active may vote absentee and ballot “shall be treated as a provisional ballot” (IC 3-11-4-17.5(a))

Voter Registration Crunch Time

What’s an SOP?

SVRS Standard Operating Procedures (Calendar and Links from main page)

Guidance from IED on application of the law to voter registration transactions and how to implement them in the SVRS

Voter Registration Crunch Time

Lockdown of Auto Activate & Pending Period

After October 9: County can continue to process

individual registrations & activate them after October 9

You will get a notice in SVRS that registration is closed but you simply go past that for timely registrations

However “Auto Activate” of pending voters will be locked in SVRS after registration closes

Voter Registration Crunch Time

Voter Registration Crunch Time

Lockdown of Auto Activate Even though Auto Activate locked after

Oct. 9 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 Marsha)

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 Crunch Time

SVRS Navigation to Auto Activate

Voter Registration Crunch Time

Voter List Maintenance Program Deadline(also sometimes referred to as “lockdown”) A voter list maintenance program must be

completed no later than 90 days before the election (August 8) (IC 3-7-38.2)

This refers to a “general” program like a county-wide mailing or NCOA mailing

A county may still cancel registrations based upon: 1) Request of the voter, including transfers; 2) Death of voter (DOH hopper) 3) Imprisonment following conviction of crime

Voter Registration Crunch Time

Duplicate Registration: This year more than any other people submit duplicate registrations More $$$$ spent on voter registration

drives People concerned they have been

cancelled solely because they haven’t voted in a while

“County voter registration office shall send a notice (acknowledgement notice) to each person from whom the county…receives a voter registration application” (IC 3-7-33-5(b)) No exception for “similar” or “substantially

similar” applications

Voter Registration Crunch Time

Incomplete Registrations (SOP VRG 1.3) Registrations are not “incomplete” because

first time voter registering by mail did not include documentation (See SOP VRG 50.1)

Required to contact voter once by mail once by phone to complete registration“Age” and “citizenship” questions

requires “written statement” by registration deadline

Other information may be provided in writing or over the phone (must “document” information provided over the phone)

Certify incomplete to CEB if not completed by 10 day deadline for poll book

New Legislation Indiana General Assembly website:

www.in.gov/legislative under “Bills and Resolutions”

Election Division 2012 Legislative Summary: www.in.gov/sos/elections/ and select

“Election Administrator’s Portal” and then select “legislative summaries”

New 2012 Election Code Book Supplement Available August 2012

New Legislation Petition Candidates

County election board may not include petition candidate (minor party or independent) on ballot unless both CAN-19 and CAN-20 are timely filed. (New IC 3-8-6-12.5)

No candidate challenge is necessary for board to keep candidate who fails to file timely CAN-19 or CAN-20 off the ballot

New LegislationAll Petition Candidates

County Voter Registration Office must certify whether the signatures on a petition are registered voters of the election district

Clerk must still certify whether or not candidate submitted sufficient number of certified petition signatures (IC 3-8-6-12) 2% of the total votes cast for the office of

Secretary of State in 2010 Sample certification, and denial of

certification, available from IED in word format

The END

When your stressed out remember the best thing about the 2012 Presidential Election is….you know that 2013 is a non-election year!