Indiana Election Division Voter Registration Issues 2016

Indiana Election Division: Voter Registration Issues 2016

Acceptable Registration Forms • Online Voter Registration for voters with valid and current Indiana driver’s license or photo identification card (www. indianavoters. com) • VRG-7 and VRG-11 (English & Spanish) • VRG-6 from full-service agencies (FSSA) • National Mail Registration Form also called the “Federal Form” (English and Spanish) • Application (FPCA), Form 76 – Absent Uniformed Services Voter – Spouses and Dependents of above – Overseas Voters

National Mail Voter Registration Form or “Federal Form” -see attached Form 1 www. eac. gov

FPCA Form For Absent Military and Overseas Applicants (Form 76)- See attached Form 2 http: //www. fvap. gov 4

Delivery of Voter Registration Forms • Mail/UPS/Fed. Ex • Hand delivery • Fax (military/overseas voters using FPCA only) • Email (military/overseas voters using FPCA only) • Online (online applicants only)

Delivery Issues • VR application is timely if filed with IED by the deadline and IED will forward applications with a notice “timely” or “late” notice on or after deadline • VR application is timely if filed at full service voter registration agency by the deadline • VR application is timely if filed in the wrong county office by the deadline. If this occurs receiving county forwards (may send scanned copy and mail original) to correct county immediately (IC 3 -7 -34 -9)

Voter Registration Deadlines • Hand delivered: 29 th day before the election to county, IED, or full-service agency (or 28 th if Columbus Day is the 29 th)- April 4 for the primary and October 11 for the general election • Mail-postmarked by 29 th day (IC 3 -7 -33 -4) • Missing or illegible postmark-received thru mail by Monday after close of registration • Online-submitted by 11: 59 pm on 29 th day (IC 3 -733 -3. 5) • Military/overseas must be received by the 8 th day before the election (IC 3 -7 -36 -10) • Rare same-day procedure for military voter recently discharged from the service (See ABS-13)

Voter Registration Deadlines • Postmark Rule Continued: u. A registration received by county or IED that is postmarked by the deadline (or received by IED without a postmark the Monday following the deadline) is timely even if the county later receives it in a mailing from IED that is postmarked after the voter registration deadline (IC 3 -7 -33 -4) u Registrations submitted at full-service registration agencies (FSSA or BMV, for example) by the deadline but mailed to you after the deadline are timely- they are not subject to postmark rule

General Qualifications • U. S. Citizens • 18 years old at election – 17 year old in primary may vote for party nominations and party offices of precinct committeeman and state convention delegate but not on public questions • Reside continuously in precinct 30 days prior to election • Not incarcerated following conviction

Special Residency Issues • Homeless (SOP VRG 57. 2) – Homeless voters may use homeless shelter, temporary motel, or write a description (an intersection, for example) or attach a map • “Snowbirds” and Mobile voters (people traveling the country in an RV, for example) • College Students have only one residence which may be one of the following (IC 3 -5 -5 -7) – The address where the student lives while attending school – The address where the student lives when the student is not attending school

Special Residency Issues • Overseas Voter who indicates on FPCA or ABS-15 return is uncertain

Special Residency Issues • Overseas Voter whose return is uncertain – This is a voter who lived in your county in Indiana as their last residence in the U. S. before moving overseas – Voter is considered a voter of the precinct where the county voter registration office is located (most counties use their VR office as the address in SVRS) – Voter is entitled to a federal-only ballot (President/Vice-President, U. S. Senate, U. S. House)

Voter Registration Form Requirements 1. 10 day turnaround 2. Certified Statement (to be completed by a third party receiving a voter registration form an applicant has given to them) 3. Receipt provided to applicant by third party (as part of the form)

10 Day Turnaround • A person receiving a completed voter registration application from another person must file application with county voter registration office (or IED) no later than noon 10 days after receiving the application • Or close of registration, whichever first • This applies to Indiana forms (VRG-7 and VRG 11) • Now also applies to the Federal Form (IC 3 -7 -328(b))

10 Day Turnaround- Exemptions Requirement does not apply to: • A state or local office receiving an application by online voter registration system; • A “full service” voter registration agency (already subject to a 5 day deadline) • U. S. Postal Service, bonded courier or IED • A member of applicant’s household or attorney in fact.

10 Day Turnaround- Determining if Voter Registration Application is Late • The Indiana VRG-7 and VRG-11 forms will state the date on which the person took custody of a completed form from an applicant in the “certified statement of acceptance” (See example Form 3) • However, this is not true for the Federal Form. It may be difficult to tell from the form whether it has been turned in late (See Form 1)

Applications Received after 10 -day Deadline • If a voter registration application is delivered to a county after the 10 day deadline, the application may not be rejected solely for that reason • County voter registration office is required to notify the county election board not later than 3 days after receipt of a late application for “appropriate action” under IC 3 -6 -5 -31

“Appropriate Action” (IC 3 -6 -5 -31) Sec. 31. If a county election board determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation. If in the judgment of the board, after affording due notice and an opportunity for a hearing, a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of a provision of this title or of a rule or order issued under this title, the board shall take the action it considers appropriate under the circumstances, including referring the matter to the attorney general or the appropriate prosecuting attorney.

Failure to Deliver or Destruction IC 3 -14 -2 -5: It is a Class A misdemeanor to recklessly destroy or fail to file or deliver a completed registration form of another as required by the law.

Certified Statement Acceptance • Indiana forms VRG-7 and VRG-11 require a person receiving another person’s VR application to be identified in a certified statement of acceptance (name, residence address, date they took custody, signature) • See examples on Form 3 • If the certified statement is not completed then it is a special kind of incomplete that would not result in rejection of the application if application is otherwise complete

Receipt • VRG-7 and VRG-11 forms must include a receipt to be given to the applicant when another person takes custody of the voter registration application • Receipt includes name and residence address of the individual and the date on which the individual took custody of the application (See Form 3)

Exemptions to Certified Statement and Receipt Requirements These requirements do not apply to: • Federal Form or the FPCA (Forms 1 and 2) • IED, county VR, or full-service registration agency, or online voter registrations • U. S. Postal Service or bonded courier (USPS, for example) • A member of applicant’s household or applicant’s attorney in fact

Certified Statement and Receipt • If certified statement is incomplete due to lack of information (and if application contains all other necessary information) the county voter registration will make (1) effort to contact the individual receiving completed application and (1) effort to contact the voter to obtain the missing information • If a receipt is not provided to the voter as required the voter registration is not considered incomplete

“Incomplete” Certified Statement • County shall process application when the certified statement information is received or shall process the application even if the information or signature on the certified statement is not received if the application otherwise complete • County may not reject the application solely on incomplete certified statement • County voter registration office shall, not later than 3 days after receipt of the application, provide notice of failure to properly complete the certified statement to the county election board for appropriate action

False or Fraudulent Applications • A person who receives completed voter registration application of another and believes application to be false or fraudulent shall deliver application to appropriate county election board by deadline with a sworn statement indicating why the person believes the application is false • County Election Board is required to consider “appropriate action”

Voters with Disabilities • In general, voter must sign VR form and neither attorney in fact or other person may sign for voter • However, voters unable to sign registration application may – Get another person to write the voter’s name in signature line of application – Person who writes voter’s name in signature line must write own name and address on the application – Voter makes mark (i. e. “X”) but only if voter is able to do so (IC 3 -7 -32 -7)

Incomplete Applications • Applicant MUST provide following (SOP VRG 1. 3): – Name – Residence Address, description or map – Date of birth – Citizenship affirmation – Age affirmation – Voter identification information- applicant must provide a number or check “none” – Signature of applicant (or applicant’s name if physically unable to sign)

Incomplete Applications • 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 ü “Age” and “citizenship” questions requires “written statement” by registration deadline ü Other information may be provided in writing or over the phone (must “document” information provided over the phone) ü Certify incomplete to CEB if not completed by 10 day deadline before the election unless military overseas voter

Absentee Ballot Application as Change to VR Record • Absentee Ballot application can “correct” a voter registration in two cases – Name Change – Change of address within the precinct • These changes are processed in SVRS as “corrections” and voter is not sent acknowledgement notice or placed in pending. (SOP VRG 59. 1 and IC 3 -7 -33 -5) • Absentee ballots sent with new name or to new address that will match the poll list.

Resources for County Users • VR Guidebook • Standard Operating Procedures – VRG 6. 1 Duplicate Registrations in SVRS – VRG 50. 1 Processing First Time Voters in SVRS – VRG 1. 3 Incomplete Registration in SVRS • Step by Step and other guidance – Reprecincting and Voter Correction – Certificate of Error Processing – Processing Transfers and Duplicates