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

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Presentation on theme: "2012 CIRCUIT COURT CLERK’S ASSOCIATION FALL MEETING BALLOT SPECIFICATIONS BALLOT ERRORS Dale R. Simmons, Co-General Counsel Indiana Election Division."— Presentation transcript:

1 2012 CIRCUIT COURT CLERK’S ASSOCIATION FALL MEETING BALLOT SPECIFICATIONS BALLOT ERRORS Dale R. Simmons, Co-General Counsel Indiana Election Division

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

3 BALLOT SPECIFICATIONS Where to Find Specifications

4 BALLOT SPECIFICATIONS Where to Find Specifications See Handout for specifications for:  Ballot Instructions  Order of Ballot Questions, Offices and Retention Questions  Order of Political Parties Within Offices  Specifications regarding write-in candidate spaces on the ballot

5 BALLOT SPECIFICATIONS Where to Find Specifications IC is an excellent place to start regarding instructions and ballot order but important variations exist in chapters for ballot cards (IC ) and DRE (IC )  Devices for paper- circle must be at least ¾ inch in diameter (IC )  Ballot Card and DRE- circle enclosing device may be of any size that permits voter to readily identify the device (IC (c); IC (d))

6 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 (b))  Ballot card: “may be placed on the ballot beside or above the names and devices” ( IC (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 (i))

7 BALLOT SPECIFICATIONS Specification 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

8 BALLOT SPECIFICATIONS

9 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

10 BALLOT SPECIFICATIONS

11 BALLOT ERRORS

12 Ballot Printing/Programming Errors Examples: Omit a race, omit a candidate, misspell a candidate name, error in ballot instructions How to Avoid  Three Keys: Proof proof and proof  IED will review ballot format and instructions on request

13 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 )  Use ABS-5 procedure so absentee voters can apply for corrected ballot (IC ; IC )

14 BALLOT ERRORS Ballot 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 risk  Separate poll books and train poll workers in split or consolidated precinct

15 BALLOT ERRORS Ballot Distribution Error (continued) What to do if ballot distribution error occurs:  O n election day:  Spoil ballot and provide voter new ballot if catch before voter casts ballot (IC ; IC (d); IC )  Absentee Voters:  Use the ABS-5 procedure to apply for the correct ballot ( IC ; IC )

16 BALLOT ERRORS Running Out of Ballots How to avoid: Make a good estimate  Absentee ballots- estimate per IC  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 )

17 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

18 BALLOT ERRORS Absentee Ballots Without Bipartisan Initials Absentee ballots without bi-partisan initials- Absentee ballots must have bi-partisan initials or ballot may not be counted ( IC )  Mailed ballots- two members of ABS board or two appointed members of CEB or designees ( IC )  In person and absentee traveling board- ballots must also have bi-partisan initials (IC )  Exception: Initials not required for absentee votes cast on DRE ( IC (f))

19 BALLOT ERRORS Absentee Ballots Without Bipartisan Initials How to avoid- t raining 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 (e); IC (b))  If by mail then use the ABS-5 procedure ( IC ; IC )

20 BALLOT ERRORS Provisional Ballot Errors Examples:  Failing to provide voter the opportunity to complete provisional ballot if not otherwise entitled to regular ballot ( IC ) (HAVA violation)  Failing to properly fill out paperwork- PRE-4 challenge/response; PRO-2  Failing to initial provisional ballot (IC ; IC & 5)

21 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 (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)

22 BALLOT ERRORS Accessible Voting Sytem Accessible polling places and accessible voting system in each polling place are required  Survey polling places for accessibility ( IC ; resources at  One DRE or Hybrid per polling place to permit disabled to vote “privately and independently ” per IC & Federal HAVA  Make sure poll workers receive polling place and voting system accessibility training required by IC (c)(1)

23 This Kitty Had No Ballot Errors


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