Indiana Election Administration Guidelines for Polling Locations

ELECTION ADMINISTRATION 101 Non-Vote Center Counties (Precinct Based) 2023 Indiana Election Administrator s Conference Presented by Matthew Kochevar Co-General Counsel, IED 1

Non-Vote Center Counties Precinct-based election structure in use for decades Each precinct established in the county has a polling location established for election day Each polling location is to be overseen by a precinct election board and poll workers 1 inspector 2 election judges, poll clerks, and election sheriffs IC 3-6-6 | IC 3-11-8 2

Polling Location The county executive is required to establish a polling location in each precinct Location must be at an accessible facility See IC 3-11-8-1.2 for accessibility requirements https://www.in.gov/sos/elections/voter-information/voters- rights/voters-with-disabilities/ If accessible facility is not located in precinct then county executive can locate polls at an accessible facility either Not more than 5 miles from closest boundary of the precinct or Located in the same township as the precinct that does not have an accessible facility IC 3-11-8-1.2 | IC 3-11-8-3 3

Polling Location - Buildings All government buildings including public school buildings and fire stations are to be made available without charge to be used as a polling location The county is not required to sign an agreement assuming liability as a precondition for use of the public building If a school building is used as a polling location then: The school corporation may conduct a virtual instruction day for students or Conduct in-person instruction for student but only if access to the polling location is secured from access to other areas of the school, public access parking is maintained, and the polling location is accessible IC 3-11-8-4 4

Polling Location The county executive must designate the polls for each precinct not later than 29 days before the election After a polling location has been selected for a precinct that location remains in effect until the county executive makes a change or a precinct establishment order affecting the precinct names a new location A precinct can only be assigned to one polling location, though a polling location can have multiple precincts assigned to it CEB must publish notice of where each polling location is located in a newspaper under IC 5-3-1 not later than 21 days before the election If a change in a polling location has to be made after notice is published then notice of the change in located must be published under IC 5-3-1 No changes to polling locations can be during the last 2 days before the election IC 3-11-8-3.1 | IC 3-11-8-3.2 | IC 3-11-8-4.1 5

Polling Location No changes to polling locations can be during the final 2 days before the election EXCEPTION: if the CEB determines by unanimous vote of the entire board that a polling location would be dangerous or impossible to use then the CEB may order the relocation of the polling place The CEB must give the best possible notice of the change to news media and the voters of the affected precinct The order to move the precinct expires after the election and the polling location returns to the location established by the county executive All polling locations must be entered into SVRS and be updated whenever a change in location is made IC 3-11-8-3.2 6

Combining Polling Locations in Adjourning Precincts The CEB, by an unanimously adopted resolution, may co-locate precincts at a polling location for an adjoining precincts in one location. Adjoining means the precincts border each other Order can also provide that one precinct board (1 inspector, 2 judges, and 2 clerks [if used]) administer election for each precinct at the polling location. All ballots and election materials of each precinct must be kept separate (remind poll workers at training). IC 3-11-8-4.3 7

Special Elections Polling Locations To cut costs CEB may consolidate polling locations in a special election. Additional savings can be found in having one set of poll workers run multiple precincts at one location. Can be done by passing either: Resolution authorized by IC 3-11-8-4.3, OR Resolution authorized by IC 3-10-8-6(b). IC 3-11-8-4.3 | IC 3-10-8-6 | IC 3-6-6-38.5 8

Special Elections Polling Locations A CEB resolution passed by unanimous vote can place several precincts polling locations at same site. Section is broad several could be viewed as all. Resolution must included statement that consolidation would not result in undue inconvenience to voters. All ballots and election materials of each precinct must be kept separate (remind poll workers at training). IC 3-10-8-6 9

Poll Workers The CEB is required to appoint a precinct election board and poll workers for each polling location on election day 1 inspector 2 election judges 2 poll clerks 2 election sheriffs 2 assistant poll clerks (optional) The inspector and two judges make up the precinct election board and are charged with administering the election in polling location IC 3-6-6 10

Poll Workers - Appointments The political party chair of the SOS candidate that received the most votes in the county in 2022 nominates all inspectors that need to be appointed Both the D and R county chair nominate: Election judge Poll clerk Election sheriff IC 3-6-6-10 | IC 3-6-6-11 11

Poll Workers - Eligibility All poll workers must be: A registered vote of the county Able to read, write, and speak English Not related by birth, marriage, or adoption to a candidate on the ballot in the precinct including a write-in candidate This does not apply a person who is related to an unopposed candidate The inspector cannot be a chair or treasurer of candidate s committee who appears on the ballot in the precinct Cannot be a candidate on the ballot in the precinct, except for unopposed candidate for PC or state convention delegate IC 3-6-6-7 12

Poll Workers - Appointment The D and R county chairs has until noon, 21 days before the election to nominate poll workers for each polling location The chair may designate in their written appointment to the CEB if the nominee is working from either 6 am to noon Noon to 6 pm The CEB must appoint who the county chair timely nominates if the person is qualified After noon, 21 days before the election the CEB may nominate any qualified voter in the county to fill any vacate poll worker positions IC 3-6-6-10 | IC 3-6-6-11 13

Oath & Compensation All poll workers must take an oath before beginning serve on election day Compensation for all poll workers is determine by the county executive Inspectors can be paid additional compensation for picking up supplies and returning election materials after the polls close Once a poll worker is appointed by the CEB a contract is created to retain the services of the poll workers All poll workers are independent contractor of the CEB IC 3-6-6-21 | IC 3-6-6-23 | IC 3-6-6-25 | IC 3-6-6-27 | IC 3-6-6-37 14

Omitting Poll Worker Positions A CEB may adopt a resolution, by unanimous vote of the board, to omit the use of election sheriffs and poll clerks in some or all precinct polling locations The resolution must state the precinct that resolution applies to Which poll worker position is being omitted Which poll worker position will exercise the duties of the omitted positions This type of resolution expires on December 31 after the election The CEB must adopt this resolution each year there is an election If a CEB does not pass a resolution and does not appoint any election sheriffs then the election judges exercises the duty of the sheriffs IC 3-6-6-38 15

Student Poll Worker Program 16 and 17 year old non-voter students may be appointed, by a unanimous vote of the CEB, to serve as a poll worker Except as an inspector To be appointed the student must be: Sixteen (16) or seventeen (17) years of age Has a cumulative GPA of 3.0 on a 4.0 school Has a written approval from their principal if the school is in session If the student is educated at home, the approval of the individual responsible for the education of the student. Has the approval of their parent or guardian. Is a citizen of the United States and a resident of the county in which they wish to work on Election Day. Must satisfactorily complete any training required by the county election board and is otherwise eligible to serve as a precinct officer. IC 3-6-6-39 16

Poll Worker Training The CEB is required to conduct training for precinct election officers The CEB must require all inspectors to attend the training and may require all other poll workers to attend the training The training must cover making the polling location and voting systems accessible and how the voting system is to be set up and operated The meeting may include other information the CEB determines is necessary The training must occur not later than the day before the election If a person is appointed to serve as a poll worker after training is conducted or the poll workers demonstrates to the CEB that the individual was unable to attend the training due to good cause then the CEB may authorize the person to serve as a poll worker if the board finds there is insufficient time to training the poll worker IC 3-6-6-40 17

Electronic Poll Books The CEB may adopt a resolution to use electronic pollbooks either: For early voting or Both for early voting and at all polling location on election day If electronic pollbooks are used at polling locations on election day the electronic pollbooks must have a connection to a central server to return which voters have signed the pollbook to vote Designed to ensure if a person votes on election day and returned an absentee ballot that only one ballot is counted Electronic pollbooks reports designated to be given to political parties that appointed poll watchers must be provided at any time during election day IC 3-7-29-6 | IC 3-11-8-10.3 18

Organizing ALL Ballots By Precinct Before Election Day, all absentee ballots in every county must be organized by precinct for central count teams to review & count or reject Whether vote center or non vote center, ALL BALLOTS absentee and Election Day are required to be organized by precinct to store as election materials for the period of 22-months following the election. Marion County is exempt from this statute. This organization is important for recounts & contests actions and for post election (that is, risk limiting) audits IC 3-11-10-10 | IC 3-11.5-4-5 | IC 3-11.5-6-4 | IC 3-11.5-6-5 | IC 3-11.5-6-21 19

Questions? 20