Public Records Regulations in Indiana Elections
Indiana's public records laws dictate that most agency records, including election materials, are publicly accessible. However, certain voter registration and election records have exemptions. The rules cover the availability of records related to voter registration, election administration, and post-election activities like recount procedures. Various affidavits and ballots are also subject to specific handling and confidentiality requirements under state law.
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Image by macrovector on Freepik ELECTION RECORDS 2024 Indiana Election Administrator s Conference Matthew Kochevar, Co-General Counsel Indiana Election Division
PUBLIC RECORDS - GENERALLY Law provides that all public agency records are publicly available for inspection and copying There are exceptions/exemptions to this law Certain voter registration records are exempted from law: Records concerning declinations to register to vote Records that indicate identity of voter registration agency where voter registered Registration records of participants in AG s confidentiality program for abused persons Public agency cannot declare records confidential without legal authority Cannot deny access to records because requestor failed to state reason for request IC 5-14-3-3 | IC 3-7-27-12 2
PUBLIC RECORDS - ELECTIONS Nearly all records produced by county election board when administering an election is an election record Various election materials are public records Exceptions: Unused Ballots, but only during recount/contest filing period Invalid (not counted) provisional ballot sealed in PRO-2 envelope Names of provisional voters are confidential through recount/contest filing period PRE-4/PRO-2 affidavit does become public record and may be copied after the recount/contest period has expired It s permissible to reveal in which precincts a provisional ballot was issued during an election, even if the recount or contest period has not yet expired, as part of a public records request Voted Ballots and Cast Vote Record See Guidance on Handling Public Records Request for "Cast Vote Record from Voting System issued by IED on September 6, 2022 IC 3-10-1-31.1 | IC 3-11.7-5-2.7 3
PUBLIC RECORDS - AFFIDAVITS After recount/contest filing deadline certain affidavits may not be available for public inspection if copies are not made by the clerk PRE-4 (Voter Challenge Affidavit) & PRE-6 (Primary Party Affiliation Challenge) The PRE-4 (along with the PRO-2) & PRE-6 affidavits are sealed and transferred to the grand jury foreman when next in session with copies being sent to Secretary of State Any PRO-2 envelope containing a provisional ballot that was not counted SHOULD NOT BE OPENED! Once the review is complete the prosecuting attorney shall return the PRE-4, & PRE-7 envelopes to the clerk for proper records retention IC 3-14-5-1 | IC 3-14-5-2 4
PUBLIC RECORDS - ABSENTEE Absentee ballot applications: Available for inspection and copying until attached to a returned ballot envelope Applications for mail and traveling board must be photocopied so they can be available for inspection and copying Voter ID number provided on ABS application or copy of Voter ID attached to ABS application is confidential and must be redacted from copy of application provide during public records request Absentee ballot information: Absentee ballot application information entered into SVRS is not confidential ABS Reports are considered public records IC 3-11-4-17 | IC 3-11-10-8.5 5
PUBLIC RECORDS CANDIDATE FORMS Any filed candidate form is a public record available for public inspection Exception on the CAN-9, Notice of Primary Election: A judge or former judge; law enforcements officer; or victim of domestic violence who files to have their address restricted in a local government property database (see IC 36-1-8.5) would not have their name and address appear on the notice of a primary election (CAN-9) IC 3-8-2-19(a)(3) | IC 36-1-8.5 6
PUBLIC RECORDS SECURITY POLICIES The General Assembly declared certain records regarding election security confidential and has given the CEB & the State the discretion to not disclose the information under a public record request A record that would disclose administrative or technical information that would jeopardize a voting system & SVRS including SVRS infrastructure information The following are confidential records and cannot be disclosed: All information in the VSTOP voting system and electronic pollbook inventory database; and A CEB adopt voting system and electronic pollbook security plan IC 3-11-16-6 | IC 3-11-15-46 | IC 5-14-3-4 7
PUBLIC RECORDS VR PAPER Includes: Individual paper VR forms Paper reports with VR info Documents are available for inspection and copying Unless VR official can state there is an exception in public records law that would prevent official from giving record to requestor IC 3-7-27-6 | IC 5-14-3-4 8
PUBLIC RECORDS VR ELECTRONIC Includes: Entire county list in SVRS Individual voter s record in SVRS SVRS produced reports Unlike IED, county VR officials are not restricted in the type of information they can provide from SVRS ONLY restriction is full social security number (no longer used). Name, DOB, Address, Vote History, Voter ID #, DLN, etc., are to be provided Request to county for SVRS records must be made on the VRG-24 Form covers any request for information from SVRS but prohibits commercial use of following data: County voter file SVRS report (that you already don t have a paper copy of) Individual voter record out of SVRS IC 3-7-27-6 9
PUBLIC RECORDS COUNTY POLICY Response to request electronic information from SVRS info should follow nondiscriminatory uniform policy adopted by CEB Policy must either permit a person to obtain an electronic copy of information in SVRS; or Not permit a person to obtain a copy of the information Policy should cover at least: Full county voter list Policy does not cover: SVRS reports in the Reports Library Request for individual voter registration information Reports already printed PAC has further opined on the extent of the county policy See attached Formal Complaint No. 19-FC-18 Policy cannot apply to request for individual voter records in SVRS IC 3-7-27-6 10
PUBLIC RECORDS PARTY CHAIRS County party chairs are entitled by law, upon request, to certain VR information (non-exhaustive): Report regarding submitted VR applications One report covers from when VR period opened to 65 days before election One report cover from 65 days before election to 29 days before election Electronic poll book info on Election Day Copy of precinct pollbook when they are prepared (if paper list is still used for an election) List of voters receiving VLM notices List of cancelled voters List of deceased voters List of disenfranchised voters Cover those convicted of a crime and then imprisoned IC 3-7-28 | IC 3-11-8-10.3(b)(8)(B) 11
Image by macrovector on Freepik QUESTIONS? 12
