Conducting City & Town Municipal Elections

Conducting City & Town Conducting City & Town Municipal Elections Municipal Elections 2023 Election Administrators Conference Image on Freepik Presented by Angie Nussmeyer, IED Co-Director

Note about this presentation Note about this presentation: : This presentation will apply to most elections conducted in municipalities across the state in 2023. However, like many election laws, there are exceptions. Specifically, small towns with a population of less than 3,500 where the town council has not adopted an ordinance to hold a May primary election or has opted for their town (not the county) to conduct their November election. Those procedures are covered in the Conducting a Small Town Election presentation. While most procedures used in 2023 will mirror procedures used in general election years (2022, 2024), there are some nuances between the two types of elections. Those differences are covered in the Election Administration Nuances in a Municipal Election Year presentation.

Acronyms Acronyms ABS = absentee CEB = county election board D/R/L Parties = Democratic, Republican, or Libertarian parties ePB = electronic poll book INSVRS or SVRS = Statewide Voter Registration System SEI = statement of economic interests UOCAVA = Uniform & Overseas Citizens Absentee Voting Act, which are military and overseas voters VPD = voters with print disabilities VR = voter registration

Terms Terms First Class City Indianapolis is the only first class city in Indiana Often referred to as a county containing a consolidated city in our state s election code (Title 3) Second Class City A city with a population between 34,000 and 599,999 A third class city that attains this population in the last census must adopt an ordinance to become a second class city A second class city has a city clerk Third Class City A city with a population of less than 34,000 (33,999 or lower) A second class whose population drops below 34,000 in the last census remains a second class city unless they adopt an ordinance to become a third class city A third class city has a city clerk-treasurer Title Indiana Code is written as IC 3-5-2-40 for example 3 is the Title; 5 is the Article; 2 is the chapter; 40 is the section IC 36-4-1-1 | IC 36-4-1-1.1

Overview Overview Review & Update Precinct Key in SVRS Confirm you have ordinances with updated council districts! Set-Up Election in SVRS Online training after the new year Candidate Filing Create Ballot & Program Voting Systems Establish line of communication with your vendors Send Final Version of Ballot to County Chairs not later than 67- Days Out from Election Day Order ABS-Mail Ballots & Receive 50-Days Out from Election Day Confirm you have enough ABS Ballot Security Envelopes Send ABS Ballots out not later than 45-days before election Send ABS-Mail Ballots to all voters with approved apps requesting a ballot by mail (ABS-Mail, FPCA, ABS-VPD) Fax/Email Ballots for VPD or UOCAVA Voters

Overview Overview Close Voter Registration 29-Days Out Exceptions in state law; see purple 2023 VR Guidebook Perform Public Test of Voting Systems not later than 29- Days Out Finalize Election Day Voting Locations Support Early Voting Manage Travel Board Prep Materials for Election Day workers, including ePBs Close ABS-Mail, Travel Board, Early Voting at proper deadline Election Day Canvassing & Certifying Election

On the Ballot in 2023 On the Ballot in 2023 Mayor City-County Council (Marion County Only) City Council & Town Council Single Member Districts ( vote for 1 ) At-Large Districts ( vote for no more than X ) City Clerk (second class cities) City Clerk-Treasurer & Town Clerk-Treasurer City Judge & Town Judge Public Questions Only local public questions in 2023, if certified to the county election board

Candidate Qualifications, Candidate Qualifications, Generally Generally The following rules apply to ALL candidates on the ballot in 2023: Must be a registered voter in the election district not later than the deadline for filing the declaration or petition of candidacy or certification of nomination NOTE: city judges except in St. Joe must reside in the city but does not need to be a registered voter in the city by the candidate filing deadline NOTE: city judges in St. Joe ONLY & town judges must be registered to vote in the county where the municipality is located by the candidate filing deadline May not have a felony conviction See IC 3-8-1-5 for full details May need to meet residency requirements, if applicable Residency standards can be found in IC 3-5-5, generally Must file a statement of economic interest (CAN-12) with declaration of candidacy or petition or candidate consent NOTE: City and town judges must use the SEI form from the Commission on Judicial Qualifications Must use current version of forms used in the 2023 election cycle Forms Master List posted to INSVRS County Portal IC 3-8-1-1 | IC 3-8-1-1.5 | 3-8-1-28.5

City Office Residency City Office Residency Requirements Requirements Mayor First class city (Indianapolis): must reside in the city for at least one year before the date to take office Second or Third class city: must reside in the city for at least one year before the election NOTE: Residency in territory that is annexed by the city before the election is considered residency for the purposes of candidate qualification, even if the annexation takes effect less than one year before the election Review IC 36-4 for details on office responsibilities NOTE: Title 36 sets forth our state s laws for local government, which generally describes the duties of elected officials or what happens after the election IC 3-8-1-24 | IC 3-8-1-26 | IC 36-4-5-2(c)

City Office Residency City Office Residency Requirements Requirements City-County Council (Marion County Only) Must reside in the district, if applicable, for at least one year before the date of taking office Review IC 36-3-4 for details on office responsibilities City Common Council (Second or Third Class City) Must reside in the city for at least one year; AND Must reside in the district in which seeking election, if applicable, for at least six months before the election NOTE: Residency in territory that is annexed by the city before the election is considered residency for the purposes of candidate qualification, even if the annexation takes effect less than one year before the election Review IC 36-4-6 for details on office responsibilities IC 3-8-1-25 | IC 3-8-1-27 | IC 36-4-6-2(c)

City Office Residency City Office Residency Requirements Requirements City Clerk (Second Class City) City Clerk-Treasurer (Third Class City) Must reside in the city for at least one year before the election NOTE: Residency in territory that is annexed by the city before the election is considered residency for the purposes of candidate qualification, even if the annexation takes effect less than one year before the election Review IC 36-4-10 for details on office responsibilities IC 3-8-1-28 | IC 36-4-10-3(b)

City Office Residency City Office Residency Requirements Requirements City Judge St. Joseph County: Must be a registered voter of the county in which the municipality is located no later than the deadline for filing the declaration or petition of candidacy or certificate of nomination Before filing a declaration of candidacy, person must be an attorney in good standing admitted to the practice of law in Indiana NOTE: This does not apply to an incumbent city judge who has been serving in office continuously since June 30, 2015 IC 3-8-1-1.5 | IC 33-35-5-7.5

City Office Residency City Office Residency Requirements Requirements City Judge All Other Counties: Must reside in the city upon filing any of the following: Declaration of candidacy or declaration of intent to be a write-in candidate under IC 3-8-2 (CAN-42) Petition of nomination under IC 3-8-6 (CAN-44) Certificate of nomination under IC 3-10-6-12 (CAN-18) Must reside in the county in which the city is located upon filing a certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8 (that is, filling a ballot vacancy) Before filing a declaration of candidacy, person must be an attorney in good standing admitted to the practice of law in Indiana NOTE: This does not apply to an incumbent city judge who has been serving in office continuously since June 30, 2015 IC 3-8-1-28.5 | IC 33-35-5-7.5

Town Office Residency Town Office Residency Requirements Requirements Town Council Candidate must reside in district in which seeking election, if applicable, though no durational residency requirement Some town councils have single-member districts and candidate would need to reside within the district s boundaries Review IC 36-5-2 for details on office responsibilities Town Clerk-Treasurer No durational residency requirement Review IC 36-5-6 for details on office responsibilities Town Judge No durational residency requirement Review IC 33-35 for details on office responsibilities NOTE: Title 33 sets forth our state s laws for judicial officers, which generally describes the duties of elected officials or what happens after the election IC 3-8-1-1 | IC 3-8-1-1.5 | 3-8-1-29

Government Employees Holding Government Employees Holding Office Office A government employee may not hold elected office for the same unit of government & remain employed Does not disqualify a person from running; rather, the person is considered to have resigned from their job, if elected and qualified Example: Sally is the town planner. She decides to run for town council. Sally wins her election. Since the elected office (town) IS the same unit of government as her employer (town), she effectively resigns her position as town planner. Example 2: Joe is a town planner. He decides to run for county council. Joe wins his election. Since the elected office (county) is not of the same unit of government as his employer (town), he may hold elected office and remain in his job. NOTE: Firefighters who are not in a full-time, paid position (i.e. volunteer) are exempt from the statute. IC 3-5-9

May Primary Election Filings May Primary Election Filings Democratic & Republican candidates To run in primary election, candidate must have: In the last two primary election the candidate voted in Indiana, have requested a party ballot for the party they are affiliating with as a candidate in the primary election OR File certification from the county party chair of the major political party that the candidate is a member in good standing of the party Paperwork: Statement of Economic Interests CAN-12 for most offices Copy of SEI filed with the Commission on Judicial Qualifications City & town judges only Form CAN-42 (declaration of candidacy in 2023) Primary Election Filing Period January 4, 2023 to NOON, February 3, 2023 NOTE: Small towns may hold a town nominating convention instead; see Conducting a Small Town Election for information IC 3-8-2

November Election Candidate November Election Candidate Filings: Libertarian Party Filings: Libertarian Party Libertarian Candidates Two nomination paths: 1) For cities and towns holding a primary election: Libertarians nominated at a city or town party convention 2) For small towns where primary is NOT held, the D/R/L parties hold a town convention, if office is contested within the specific party Please see Conducting a Small Town Election for more information City or Town Party Convention After city or town convention is held, the following candidacy paperwork is filed: CAN-22 (Candidate Selection) Statement of Economic Interests CAN-12 for most offices Copy of SEI filed with the Commission on Judicial Qualifications City & town judges only Filing Period: January 4, 2023 to noon, July 3, 2023 NOTE: the small town nominating convention filing period is different IC 3-8-2-4 | IC 3-8-5-10 | IC 3-8-5-17 | IC 3-10-6-12

November Election Candidate Filings: November Election Candidate Filings: Minor Party & Independent Candidates Minor Party & Independent Candidates Two options: 1) Be a declared write-in candidate, where name is NOT printed on the ballot 2) Collect petition signatures of registered voters within the election district totaling 2% of the total votes cast for all candidates running for Secretary of State in 2022, which results in name printed on the ballot Declared Write-In Candidate May not claim affiliation with the D/R/L Parties Filing Paperwork: CAN-51 CAN-12 (Statement of Economic Interest) Copy of SEI filed with the Commission on Judicial Qualifications (city & town judges only) Filing Period: January 4 to noon, July 3, 2023 Names of Write-in Candidates are NEVER printed on the ballot! IC 3-8-6 | IC 3-8-2-2.5 | IC 3-8-2-4(b)

November Election Candidate Filings: November Election Candidate Filings: Minor Party & Independent Candidates Minor Party & Independent Candidates Petition Process & Filing Deadlines Three Different Forms: CAN-44 (Petition) Statement of Economic Interests CAN-12 for most offices Copy of SEI filed with the Commission on Judicial Qualifications City & town judges only CAN-45 (Candidate Consent) CAN-44 (Petition) Used to collect signatures of registered voters in election district to meet 2% threshold requirement, at minimum Purple 2023 VR Guidebook includes information on processing petitions, including petition carrier affidavit requirements Training to be held on setting up election in SVRS, including setting up a petition to assist with completing petitions CAN-44 & CAN-12 Filing Period: January 4, 2023 to NOON, June 30, 2023 If municipality covers more than one county, petitions for review and certification should be filed with the county VR official where voter resides NOTE: In the few counties with a separate VR Board (Allen, LaPorte, Madison, Marion, St. Joseph, Vanderburgh & Vigo), the CAN-12 is filed with the CAN-45 and certified CAN-44 petitions IC 3-8-6

November Election Candidate Filings: November Election Candidate Filings: Minor Party & Independent Candidates Minor Party & Independent Candidates Petition Process & Filing Deadlines CAN-44 (Petition), con t County VR official certifies CAN-44 petitions to confirm individuals are registered to vote at the address on the petition and within election district No real deadline, but work should be completed within reason as deadline to file certified petitions, if required to be filed elsewhere, is noon, July 17, 2023 NOTE: If municipality covers more than one county, the certified petitions, CAN-45 & CAN-12 are filed with the clerk with the greatest percentage of population not later than NOON, July 17, 2023 CAN-45 (Candidate Consent) Similar to a declaration of candidacy Filing Period: January 4, 2023 to NOON, July 17, 2023 NOTE: At least ONE CAN-44 needs to be filed with the county before the CAN-45 can be filed IC 3-8-6

November Election Candidate November Election Candidate Filings: D/R/L Ballot Vacancies Filings: D/R/L Ballot Vacancies D/R/L Parties can fill vacancies if no one ran in the primary election (D/R) or the county convention (L) NOTE: Small Town nominating conventions have different rules; see Conducting a Small Town Election for more information D/R Parties Hold a caucus or chair can make a direct appointment AFTER primary election Filing Deadline: NOON, July 3, 2023 L Party State Chair makes direct appointment AFTER convention is held Needs to give county clerk notice of their intent to fill ballot vacancy at least 10-days before doing so Filing Deadline: NOON, July 3, 2023 Vacancy Procedures are covered in more detail tomorrow, Wed., Dec. 14 IC 3-13-1-20

Questions? Questions? Conducting a City or Town Municipal Election Image on Freepik 2023 Election Administrators Conference