1. Absentee Ballot Central Count General Introduction Step by step procedure Forms Tool Kit Dale Simmons, Co-General Counsel: (317) 232-3929 or (800) 622-4941 dsimmons@iec.in.gov 2012 Indiana Election Administrator’s Conference

2. Absentee Ballot Central Count General Introduction:  Began as a pilot project in 1993  Grown from 1 pilot county to 57 counties opting in by unanimous resolution of CEB (contact IED for sample)  Also takes unanimous resolution of CEB to opt back out of central count  Absentee ballots counted by bi-partisan absentee ballot counters with county election board resolving disagreement of counters  Inspector enters names of absentee voters in pollbook from lists delivered to the Inspector

3. Absentee Ballot Central Count Step by Step: Initial Processing An absentee ballot record is maintained for each precinct to generate lists of absentee voters that will be provided to inspectors ( IC 3-11.5-4-1; IC 3-11-4-17; SVRS)

4. Absentee Ballot Central Count Step by Step: Initial Process County election board (CEB) compares signatures on ballot envelope and absentee ballot application and any other signature on file  CEB unanimously finds that the signature is genuine then absentee ballots securely stored by precinct in a labeled container until election day (IC 3-11.5-4-5 and 6) (CC Form # 1)  If CEB finds signature is not genuine then CEB writes on the absentee ballot envelope: “The county election board has rejected this ballot because the signature is not genuine.” (IC 3-11.5- 4-4)

5. Absentee Ballot Central Count Step by Step: Absentee List Prep Contents of List: Names of Absentee Voters who requested and returned an absentee ballot  First List: Circuit Court Clerk “certifies” list and delivers it to the inspector with the pollbook on the 2 nd or 3 rd day before election. (IC 3-11.5.4-1) (CC Form # 2)  Second List: CEB certifies list of absentee voters who returned ballots after preparation of the first list ( IC 3-11.5-4-8) (CC Form # 2)

6. Absentee Ballot Central Count Step by Step: Absentee List Delivery Second Lists are delivered to precincts by bi-partisan absentee ballot couriers (IC 3- 11.5-4-8; IC 3-11.5-4-22)  Deadline to receive ballots is noon election day except for mailed absentee ballot from overseas voters (IC 3-11.5-4-3 and 10; IC 3-12-1-17)  Absentee ballot courier must be bi-partisan unless board approves the appointment of one courier by unanimous vote (IC 3-11.5-4-22)

7. Absentee Ballot Central Count Step by Step: Processing Lists At Precinct Inspector marks pollbook: Prior to marking the pollbook, Inspector must notify any challenger or pollbook holder of absentee voter’s name and address (IC 3-11.5-4-9 and 15)  First List: As part of the preparation of polls Inspector shall mark first list and poll clerks shall certify Inspector has done so on list (IC 3-11.5-4-24) (Form CC # 3)  Second List: Inspector shall mark first list and poll clerks shall certify Inspector has done so on list (IC 3-11.5-4-24) (Form CC # 3)

8. Absentee Ballot Central Count Step by Step: Returning Lists to CEB Inspector shall place procesed lists and any challenge affidavits into a return envelope for absentee ballot couriers (IC 3-11.5-4-9) (CC Form # 4)  Inspectors and poll clerks shall sign a statement on the outside of the return envelope indicating that lists have been properly processed Absentee Ballot couriers shall return the envelope with the processed lists ot the CEB  Absentee ballot couriers shall sign a statement printed on envelope that they have not tampered with envelope during return to CEB (IC 3-11.5-4-9) (CC Form # 4)

9. Absentee Ballot Central Count Step by Step: Process at Central Location Once absentee ballot couriers return the processed lists and challenge affidavits from a precinct, absentee ballot counters can begin counting that precinct (IC 3-11.5-4-11) A team of absentee ballot counters must count only one precinct at a time but county may have multiple teams of counters (IC 3-11.5-5-12 & 13)

10. Absentee Ballot Central Count Step by Step: Process at Central Location Watchers are permitted for the central count location for parties, independent candidates (for state or federal office), and media  Watchers appointed and credentialed like in a precinct No challengers or pollbook holders are permitted at the central counting location (IC 3-11.5-3)

11. Absentee Ballot Central Count Step by Step: Process at Central Location Absentee Ballot Counters review returned lists, any challenge affidavits, and open the bag or container with absentee ballots for the precinct (IC 3-11.5-4- 11,12,13) (CC Form #1)  Review voter lists to ensure they have been processed and determine if lists indicate a voter on the list voted at the polls (if so, absentee ballot rejected)  A challenge converts an absentee ballot to a provisional ballot and should be referred to CEB (IC 3-11.5-4-15)  Counters, review absentee ballots for any other issue affecting validity of ballot (voter died, signature, additional documenation requirement etc.)

12. Absentee Ballot Central Count Step by Step: Process at Central Location If absentee ballot counters agree to reject a ballot then they write “rejected” on the envelope and the reasons for rejection Rejected ballots are placed in a separate envelope marked “rejected absentee ballots” with the name of the precinct and date of election. (IC 3-11.5-4-14(b)) (CC Form # 6) If absentee ballot counters don’t agree then CEB settles disagreement ( IC 3-11.5-4-13(b))

13. Absentee Ballot Central Count Step by Step: Process at Central Location If CEB has written on the ballot application or envelope that that voter is subject to the additional address confirmation documentation and has not yet provided that documentation then the ballot will be processed as a provisional ballot (IC 3-11-10-4.5; IC 3- 11.5-4-12(b); IC 3-7-33-4.5) All absentee ballot envelopes accepted by the absentee ballot counters are opened, the ballot is removed, and the ballots and envelopes are placed in a separate envelope (IC 3-11.5.-4-12(a) and (c)) (CC Form # 7)

14. Absentee Ballot Central Count Step by Step: Process at Central Location Counting Begins- Ballot Protest for Ballot Cards  An absentee ballot counter or CEB member may “protest” counting all or part of a ballot  Protester must write protest and sign back of ballot  If absentee ballot counters do not agree on protest the matter is referred to CEB  Once absentee ballot counters or CEB make a determination on protested ballot the absentee ballot counters write “counted” or “not counted” on back of ballot. (IC 3-11.5-6 through 9)

15. Absentee Ballot Central Count Step by Step: Process at Central Location Ballot counting procedures for paper and ballot card are basically the same except as follows:  Ballot cards may be counted by a automatic tabulator (vs. manually) with the assistance of another person to run the tabulator (IC 3-11.5-6-3 )  Damaged ballot cards may be remade by “remake team” (IC 3-11.5-6-9)  Tabulator print-out for ballot cards is delivered with certificate of votes cast in the precinct to the CEB (IC 3-11.5-6-20)

16. Absentee Ballot Central Count Step by Step: Process at Central Location Once counting is complete absentee ballot counters do the following:  Prepare a certificate of votes cast for each candidate for each office and on each public question and deliver the certificate and tabulator print-out to CEB  Place the following in a bag or container marked with precinct name: a) All ballots; b) Voter lists; c) Tally papers  Complete and initial a cover sheet and attach it to the bag or container (IC 3-11.5-4-19 through 21) (CC Form # 8)

17. Absentee Ballot Central Count Step by Step: Process at Central Location (Continued)  Deliver bag or container with attached cover sheet to the Circuit Court Clerk (IC 3-11.5-6-21) (CC Form # 8)  Absentee ballot counters then complete an “Oath of Absentee Ballot Counters” form in front of the Circuit Court Clerk and provide completed oath to the clerk (IC 3-11.5-6-22) (CC Form # 9)

18. Absentee Ballot Central Count Absentee Votes Cast on DRE Direct record electronic (DRE) voting machines are required to be provided for voting absentee in person at the clerk’s office or a satellite absentee office (IC 3- 11-9-6)  All counties count absentee ballots cast on DRE voting machines at a central location ON ELECTION DAY  All counties must pass a resolution setting forth procedures for voting absentee on a DRE (IC 3-11-10- 26.2) (Contact IED for sample resolution for central count and non-central count counties)

19. Absentee Ballot Central Count Absentee Votes Cast on DRE Counties that count absentee ballots (except DRE ballots) in the precinct must follow procedures similar to central count counties for DRE ballots:  Lists of voters who cast absentee ballots on a DRE must be delivered to the precinct with the other absentee ballots  The precinct judges enter the names of DRE absentee voters in the pollbook and note on the list any voter who voted in person or any challenged voter  These lists are returned to the CEB with other precinct election materials (IC 3-11-10-12.5)

20. Absentee Ballot Central Count Absentee Votes Cast on DRE All counties are directed to count all DRE absentee ballots pursuant to IC 3-11.5 at a central location  IC 3-11.5 describes general procedures but does not have any specific step-by-step DRE counting procedures like those for paper ballots and ballot cards Since the resolution required for use of DREs for absentee voting (IC 3-11-10-26.2) permits the CEB to include “other provisions the board considers useful” the CEB may spell out specific procedures for counting absentee votes cast on DREs in the resolution

21. Absentee Ballot Central Count Beating Your Absentee Ballot to the Polls Beginning July 1, 2011 an absentee voter who returns and absentee ballot has no right to vote in person at the polls on election day before name is entered on the pollbook as having voted absentee This did not change situation where absentee ballot counters have rejected a voter’s absentee ballot as defective (IC 3-11.5-4-13(f) and 21)  In this situation the voter may cast a regular ballot at the polls on election day if the voter is otherwise qualified  Voter must obtain a certificate from the absentee ballot counters or the CEB in order to vote at the p olls (CC From # 10)