Municipal Election Laws and Procedures in Cities and Large Towns
Explore the breakdown of municipal election laws in cities and large towns, including nomination procedures, election oversight, and candidate selection methods. Learn about the differences between large towns and small towns in the election process, as well as who manages elections for cities and large towns. Discover how counties coordinate candidate declarations and election results in areas with multiple counties.
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Cities & Large Towns Downtown Evansville
CITY AND OVERVIEW LARGE TOWN ELECTIONS: MUNICIPAL ELECTION LAWS BROKEN DOWN INTO TWO MAJOR CATEGORIES: Cities and Large Towns (towns with a population of 3,500 or more, or of any size within Marion County) Small Towns (towns with a population of less than 3,500)
CITY AND LARGE TOWN ELECTIONS: OVERVIEW QUESTIONS YOU WILL BE ASKED (when you re back home): How are candidates nominated in a municipal election year? What are the correct forms and procedures? Who runs the election? Who pays for the election?
CITY AND LARGE TOWN ELECTIONS: OVERVIEW LARGE TOWN VS. SMALL TOWNS Small Towns (population of less than 3,500)- Democrats and Republicans nominate by town convention by default but may choose to nominating candidates in the May primary Cities and Large towns (population of 3,500 or more)- Democrats and Republicans nominate in a May primary.
CITY AND LARGE TOWN ELECTIONS: OVERVIEW WHO RUNS THE ELECTION FOR CITIES AND LARGE TOWNS? County election board, county executive, circuit court clerk, and members of political parties same rights and duties in municipal elections as they do in primaries and elections in general election years (IC 3-10-6-8)
CITIES AND LARGE TOWNS CITIES AND TOWNS IN TWO COUNTIES Declarations, certificates of selection etc. are filed in the County that contains the most population of the City or Large Town. IC 3-8-2-6 Clerk in County with largest population obtains results in other Counties and issues certificates of election. IC 3-12-5-2
CITIES AND LARGE TOWNS CITIES AND TOWNS IN TWO COUNTIES- TALK TO YOUR NEIGHBOR The two counties should consult and communicate regarding candidate declarations, candidate petition processing, election results (IC 3-10-6-9) County with the largest population- certify candidates to county with smaller population County with the smaller population- certify election results to county with the largest population (IC 3-12-5-2)
CITIES AND LARGE TOWNS WHO PAY$? HOW MUCH? All Direct costs chargeable to each city or town; County picks up 25% of indirect costs and then divvies up the rest among cities and towns. What s the difference? CEB itemizes all expenses chargeable to cities and towns on County Election Board Worksheet and file with County Auditor (IC 3-5-3) County Auditor certifies reimbursement due county Review worksheet and historical election costs to get an idea how expenses will be apportioned between county and cities and towns
CITIES AND LARGE TOWNS HOW ARE CANDIDATES NOMINATED? Democrats and Republicans hold a Primary May 3, 2011 Libertarians hold a City or Town convention Minor parties and Independent candidates nominate by petition Write-in Candidates (for the municipal election not the primary election) file a declaration but do not go on the ballot
CITIES AND LARGE TOWNS OFFICES UP FOR ELECTION CITIES: Mayor, city-county council (Indy), common council, city clerk and city judge (if created) LARGE TOWNS: Town council, town clerk- treasurer and town judge (if created) Note: All city offices up in 2011 but check for possible staggered terms ordinances for large and small towns (talk to your town attorneys)
CITIES AND LARGE TOWNS THINGS TO CONSIDER DISTRICT OPTIONS- Single member districts, candidate district residence/vote at-large, and true at-large seats STAGGERED TERMS REDISTRICTING/PRECINCTS: Do I have split precincts and, if so, what is my plan for poll books and training to assure proper ballot distribution?
CITIES AND LARGE TOWNS R AND D PRIMARY DEADLINES & FORMS DECLARATIONS: Begin Wednesday, January 19, 2011 with Deadline of noon Friday, February 18, 2011 (CAN-42) VOLUNTARY WITHDRAWAL: Noon Monday, February 21, 2011 (CAN-43) CHALLENGES: Must file by noon Friday, February 25, 2011 (CAN 1) and decided by noon Thursday March 10, 2011
CITIES AND LARGE TOWNS CANDIDATE FILING REQUIREMENTS Noon means noon! A candidate declaration, consent or petition tendered after the deadline must be rejected (IC 3-5-4-1.9) No FAX No Email: A candidate declaration, consent or petition sent by Fax or Email must be rejected Of course, late voter registrations and campaign finance filings may accepted A county can adopt a policy to accept all campaign finance filings by fax
CITIES AND LARGE TOWNS DO WE EVEN NEED A PRIMARY? If no contest within a party the party may not hold primary (IC 3-10-6-4) If no contest within a party, but at least one candidate filed a declaration, then the party may hold a primary if County Chairman for that party files a notice with the county election board by noon February 25, 2011
CITIES AND LARGE TOWNS PRIMARY CANDIDATES ON THE BALLOT If there is a contest in a party, or the party elects to have a primary, then all candidates appear on ballot Exception if : 1) The only contested is for single-member council districts (only voters in that district vote) and 2) No candidate in party to be voted on by everyone in city or town then Then CEB may, by unanimous vote, have election only in the contested districts
CITIES AND LARGE TOWNS WHAT IF WE HAVE NO PRIMARY? Unopposed candidates certified as nominated whether hold primary or not (IC 3-10-6-4(e)) Campaign Finance: If no party has a primary, or if only one party has a primary, all candidates must still file pre-primary election report (IC 3-9-5- 9(d))
CITIES AND LARGE TOWNS PARTY AFFILIATION Democrats and Republicans in a primary must claim party affiliation on declaration which is determined by: 1) Last primary vote; 2) Never voted in the primary (candidate choice); OR 3) If last primary vote for different party then must obtain county chairman certification Clerk can t reject filing due to party affiliation- This is a challenge issue
CITIES AND LARGE TOWNS D & R FILLING PRIMARY VACANCIES 1) CO. CHAIR send notice of caucus to precinct committeemen and files copy with CLERK at least 10 days before caucus (Form: CAN-47) 2) Candidate files declaration with both the CO. CHAIR and CLERK at least 72 hours before caucus. (Form: CAN-48) 3) Party Caucus by noon Thursday June 30, 2011 and certify by Tuesday noon July 5, 2011 for all primary vacancies no matter when held (Form: CAN-49)
CITIES AND LARGE TOWNS OTHER VACANCY CONSIDERATIONS County Committee (all precinct and vice precinct committeemen) can authorize county chair to fill vacancy (IC 3-13-1-6) Libertarian Party can fill vacancies following deadline to hold a convention Other vacancies can occur due to the withdrawal, death or disqualification of an existing candidate
CITIES AND LARGE TOWNS LIBERTARIAN CANDIDATES City or Large Town convention for Libertarian Party must be held by Thursday noon June 30, 2011 Libertarian Party must certify candidates by noon, Tuesday July 5, 2011 (CAN-22) Vacancies must be filled by Libertarian Party State Committee by noon June 30 and certified by noon July 5, 2011 Like Ds and Rs, the Libertarian Party must also file a notice 10 days before they fill vacancy (IC 3-13-1- 20; CAN-22)
CITIES AND LARGE TOWNS MINOR PARTIES AND INDEPENDENTS Signature Requirement- 2% of the votes cast for all candidates for Secretary of State in 2010 in election district sometimes impossible to calculate number exactly due to precinct lines. Petitions must be filed by Noon Thursday June, 30 2011 for certification of signatures (CAN-44) Certified petitions and Consent must be filed by noon Friday, July 15, 2011 (CAN-45)
CITIES AND LARGE TOWNS WRITE-IN CANDIDATE Declaration due may be filed beginning Monday January 3, 2011 DEADLINE for filing is noon, Tuesday, July 5, 2011 (CAN-51 form) Remember Write-in Candidates do not go on the ballot!
CITIES AND LARGE TOWNS CANDIDATE WITHDRAWALS All candidates (Primary, Libertarian Party convention, Petition, Write-in, Vacancy) may voluntarily withdrawal by noon Friday July 15, 2011 (CAN-46 form) After that date a candidate may not voluntarily withdrawal Candidate may be required to withdrawal due to death, disqualified or because candidate moved out of the candidate s election district (IC 3-8-7-28)
CITIES AND LARGE TOWNS POST-PRIMARY CHALLENGES A Challenge to a vacancy candidate, Libertarian candidate, petition candidate or write-in candidate must be filed by noon Friday, August 26, 2011 (CAN-1) Petition candidate may also appeal the denial of certification of petition by noon Friday, August 26 Write-in challenge must be decided by noon Friday September 2, 2011 All other challenges or appeals must be decided by noon Friday, September 9, 2011
CITIES AND LARGE TOWNS ARE WE ALLOWED TO HAVE AN ELECTION? A municipality may not have an election if there are no contested candidates (including write-in candidates) for any office (IC 3-10-6-7.5) Unopposed candidates are certified as elected even if no election is held (IC 3-12-5-3)
CITIES AND LARGE TOWNS DO WE NEED AN ELECTION? If there are any contests all candidates must be on the ballot (again except write-in candidates, who are never on the ballot!) Exception: If there is a contest in a district where only voters in the district vote on the candidates; and No contest among candidates to be voted on by all the voters Then county election board, by unanimous vote, may have election only in contested district(s)
CITIES AND LARGE TOWNS PRE-ELECTION PREPARATION Every Election Requires preparation, preparation and preparation Ballot preparation and delivery Absentee voting coordination Voting system preparation and testing Lining up poll workers and polling places Training poll workers There are checklists in the Election Administrator s Manual but you want to build your own
CITIES AND LARGE TOWNS MUNICIPAL ELECTION TUESDAY NOVEMBER 8, 2011
CITIES AND LARGE TOWNS POST-ELECTION CERTIFICATION Initial canvass of votes: election evening Provisional ballots must be processed by noon Friday November 18, 2010 (noon 10 days following election) Can process sooner if no reason to wait Officially certify election by Monday November 21 File Post-election report (CEB-9) with the Indiana election division by Tuesday November 22 Go home, and put your feet up! Or go dancing, and kick up your heels!
