Cities & Large Towns Downtown Evansville. CITY AND “LARGE TOWN” ELECTIONS: OVERVIEW MUNICIPAL ELECTION LAWS BROKEN DOWN INTO TWO MAJOR CATEGORIES: Cities

Cities & Large Towns

Downtown Evansville

CITY AND “LARGE TOWN” ELECTIONS:

OVERVIEW

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?


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.


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 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)


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


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


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)


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?


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


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


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


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


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))


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


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)


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


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)


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)


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!


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)


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


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)


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)


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


MUNICIPAL ELECTION

TUESDAYNOVEMBER 8, 2011


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!

Documents

Cities & Large Towns Downtown Evansville. CITY AND “LARGE TOWN” ELECTIONS: OVERVIEW MUNICIPAL ELECTION LAWS BROKEN DOWN INTO TWO MAJOR CATEGORIES: Cities