“Take a little trip down Voter Registration lane with IVRA”

1. “Take a little trip down Voter Registration lane with IVRA” Trent Deckard, Co-Director Indiana Election Division

2. What will we be doing? • Exploring voter registration • Getting code comfort • Deadlines! • Little known facts of VR • Details to share with community • Having some TV fun along the way!

3. Why are we doing this? • Lots of strangers coming to our counters • Attention to detail for 2012 • Federal NVRA requirements in addition to state, confusing • Small details need repeating • People need information locally, even what they know

5. Just the facts, Ma’am! Qualifications to vote in Indiana: • Be a citizen of the U.S. • At least 18 years of age on the day of the next general or municipal election • Live in a precinct continuously for 30 days • Not in prison following conviction of a crime (Indiana Constitution Article 2, Section 2 ) (IC 3-7-13-1) and (IC 3-7-13-4)

6. Other Notes on Conviction/Prison • Those entering prison after conviction lose suffrage, and; • Individual not permitted to register while in prison following conviction (IC 3-7-13-4) • Permitted to register following release (IC 3-7-13-5) • Probation, parole, or subject to home detention able to register and vote (IC 3-7-13-6)

7. Registration Zone As allowed under IC 3-7-13-10 in 2012: • Registration began Dec. 1, 2011 and ended April 9, 2012 for Primary Elect. • Registration opened on May 22, 2012 and will end October 9, 2012 for General Elect. *Remember MOVE Act exceptions

8. Special notes on registration • Mail-in voter registration applications must be postmarked on or before 29th day before an election • If mail-in registration contains no post-mark, then application processed if received in mail by county not later than the Monday following close of registration (IC 3-7-33-4)

9. May be getting something from state • Important note: • Mail-in voter registration applications received by IED that are postmarked by the 29th day before general election will be immediately forwarded to each county voter registration office and must be processed no matter how late county voter registration receives it (IC 3-7-33-4)

10. Special notes on registration (cont.) • Voter registrations turned in to a full-service registration agency up through 29th day before election must also be processed (BMV, FSSA, DWD, DOH) • Online voter registration applications submitted no later than 11:59 p.m. (local time) on the 29th day before election must be processed. • Remember, Indianavoters.in.gov

11. Reminder! • County voter registration office may not issue a certificate of error to an individual whose voter registration record was not timely filed • A registration application received after deadline can not be processed, except for military voter who qualifies (IC 3-7-13-12)

12. Further Reminder! • Restrictions on updating voter registration records when registration is closed do not apply to the county voter registration office processing information provided on precinct poll lists (IC 3-10-31.1) • Completed entries must be resealed after processing of records (IC 3-10-31.1)

13. Access to Registration • County (Clerk or Voter Registration) • Public Assistance Agency -Department of Workforce Development -Family and Social Services Administration -Department of Health (WIC) • Bureau of Motor Vehicles Applying for or renewing license

14. Mail-in Registration Sites Individuals may apply to register using a mail-in form obtained at: • Public libraries • License branches • Township trustee offices • City and town clerk’s office • Public secondary schools • IED *These can be mailed or hand delivered.

15. VGR-7 Requirements Applicant required to provide: • Name, residence address, birth date and a voter identification number if voter has an Indiana license number, social security number (last four digits), or BMV identification card number • Phone and email optional (IC 3-7-31-5; 3-7-34-1)

16. HAVA Requirements Important Questions that need yes: • Are you a U.S. Citizen? 2. Will you be 18 years of age on or before the election day? Plus state additions based on constitution and code: Resident of precinct for at least 30 days before next election, not currently in prison, affirmation of information!

17. Penalty of Perjury “All the above information and all other statements on this form are true. I understand that if I sign this statement knowing that it is not true I am committing perjury and can be fined up to $10,000, jailed for up to three years or both.”

18. *Voter identification number Box 13 blank (Co-Director Interpretations) -Deckard, based on reading of code, believes that if blank, same as affirming none and voter identification number assigned. -King, based on reading of code, believes that if blank, no authority to assign voter identification number and should be incomplete.

19. Form Note! While IC 3-7-31-2 prescribes that only the forms passed by IEC can be used, IC 3-7-31-3 allows for modifications of forms by clerk or voter registration board if “minor”. Example: Name of county

20. Supplying registration forms IC 3-7-31-8: A clerk… or board of registration shall provide a sufficient number of affidavits of registration for the registration of voters residing in the county… clerk or board shall also prepare and provide all other supplies needed to permit the registration of voters as provided in this title.

21. Federal Forms for Acceptance • National Mail Voter Registration Form (sample at www.eac.gov or 2012 VR Guide) • Standard 76A, combined registration application/absentee ballot request http://www.fvap.gov/resoures/media/fpca.pdf (IC 3-7-22-2)

22. Form Assistance Common question: “What if I can’t fill out the VRG-7 myself?” Answer: Someone can help you fill out the form. If you cannot sign name, you must make mark on signature line and person assisting must fill out assistance line. (IC 3-7-32-7)

23. Power of Attorney? Common question: “If I have power of attorney, can’t I use that to fill out a VRG-7?” Answer: No, IC 3-7-32-1 indicates that each voter must execute an original registration and not be signed by a person acting for the applicant (power of attorney).

24. Pen or Pencil? Common question: “Can I use a pencil to complete my voter registration form?” Answer: IC 3-7-32-2 requires that pen or pencil be indelible (unless online.) Consideration could be given to IC 3-14-2-5(b): “A person who recklessly destroys or fails to file or deliver… form of registration commits a Class A misdemeanor”

25. How do I get the application there? Common question: “Can I just fax my voter registration application? I am out of town.” Answer: IC 3-7-32-4 does not permit a registration submission by fax or electronic message. Could be a good chance to recommend Indianavoters.in.gov! (MOVE exception)

26. Penalties related to VR Class D felonies: -Conspiring with an individual for the purpose of encouraging the individual to submit a false application for registration (IC 3-14-2-1) -Paying or offering to pay an individual for… registering to vote (IC 3-14-2-9)

27. Penalties related to VR Class D felonies continued: -Accepting payment of property for…registering to vote (IC 3-14-2-9) -Knowingly voting or offering to vote an election when the person is not registered or authorized to vote (IC 3-14-2-9)

28. Retention NVRA and Indiana statute requires: • Maintaining registration records for active and inactive voters important. • Canceled records for any reason (death, request for cancelation, voter list maintenance programs, imprisonment following conviction) should be retained for two years. (IC 3-7-27-6)