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Small Towns are (towns with a population of less than 3,500) According to the most recent census www.census.gov and use 'American Factfinder' Small Town Elections : Small Town Elections YOU SHOULD KNOW THE ANSWERS TO THESE QUESTIONS: How are candidates nominated and what are the election procedures and forms? Who is responsible for conducting the election? Who pays for the election? Small Town Elections: Small Town Elections Ballot Access- Major Parties Default Rule: Party Convention in the town for Democrats and Republicans Exceptions: Small towns can adopt a primary by ordinance per (IC 3-8-5-2) Small towns in Marion County nominate in primaries Small Town Elections: Small Town Elections SMALL TOWN PRIMARY An ordinance to nominate Ds and Rs in a primary must be adopted by Jan. 2 and filed with the circuit court clerk (but please call) The county election board must conduct the primary for the small town Ordinance lasts 12 years Small Town Elections: Small Town Elections Ballot Access: Libertarian Party Libertarian Party must nominate candidates at a small town convention and may not hold a primary. Libertarian Party small town conventions have different deadlines than their City and Large Town Conventions All candidate forms and filing deadlines for a small town convention are the same for the Democratic, Libertarian and Republican Parties. Small Town Elections: Small Town Elections BALLOT ACCESS: OTHER CANDIDATES Minor Party and Independents are nominated by petition. Write-in candidates All candidate forms and deadlines for these candidates are whether candidate is running for office in city, large town, or small town Small Town Offices: Small Town Offices Town Council Town Clerk-Treasurer Town Judge if created IC 33-35-1-1 Small Town: Offices and Districts: Small Town: Offices and Districts What offices in the town are up this year? Do they stagger terms? Did they add seats since last election? Did they redistrict, abolish districts, or add council seats? What kind of districts? At-large, residence, or single-member districts? Suggestion: Past elections/ Check with town officials Town Convention: Town Convention Small Town- No Ordinance Adopting Primary If small town has not adopted a primary to nominate Ds and Rs then Ds and Rs will be nominated by the small town convention laws Again, Libertarian Party has no choice, the small town convention rules apply Who Runs the Convention?: Who Runs the Convention? County Chairman appoints voters of town to serve as Town Chairman of Town Committee (non-office holder) Town chairman appoints a Secretary Town Chairman calls and conducts Pre-Convention Deadlines and Forms: Pre-Convention Deadlines and Forms Ds, Ls, or Rs to file form CAN-16 Declaration in the county that contains the greatest percentage of population of the town. Filing Begins Tuesday January 2 and the DEADLINE is Noon Wednesday August 1. Withdrawal by Noon August 1. (CAN-46) Don’t confuse the CAN-16 for a town convention with the CAN-42 for the primary! Pre-Convention Deadlines and Forms: Pre-Convention Deadlines and Forms PRETTY PLEASE! Don’t confuse the CAN-16 for a town convention with the CAN-42 for the primary! Don’t run candidates in a town that nominates its Democratic and Republican Party Candidates by town convention in the primary! Pre-Convention Deadlines and Forms: Pre-Convention Deadlines and Forms Note on the CAN-16: Democrats, Libertarian and Republicans seeking nomination in a small town convention do not have the same party affiliation requirement on the CAN-16 as a primary candidate on the CAN-42 Town Convention: Town Convention Do the Ds, Ls and Rs have to hold a Town Convention? No, not if there are no contests (at least two declarations in same party for one office) Town Convention only if there is a declaration of more than one candidate of same party for same office Town Convention: Town Convention Certification of Candidates for Convention If the town election board (not county) will conduct the election then after filing on August 1 the clerk shall: Complete CAN-17 certification and post in a prominent place in the clerk’s office on form CAN-17 Send the list (CAN-17) to the town clerk-treasurer with a copy of each declaration filed (CAN-16) Town Convention: Town Convention Certification of Candidates for Convention List should indicate candidate’s nominated because unopposed by asterisk '*' on CAN-17. Town Convention: Town Convention Does the county election board or does a town election board conduct the election in a small town Town Election Board: Town Election Board Who conducts election in a small town? County election board will conduct the election in a small town unless the town council adopts a resolution establishing a town election board between January 1- August 8 The town clerk-treasurer must file this with the circuit court clerk by noon August 21 (but check with the town) Resolution expires December 31 of year enacted Town Election Board: Town Election Board A GOOD QUESTION If circuit court clerk is supposed to certify town convention candidates (CAN-17) with of declarations (CAN-16) on August 1 if the town election board will conduct the election But the circuit court clerk may not know whether a town election board will run the towns election until the town council adopts a resolution by August 8 (or files it by August 21) How does the circuit clerk know whether to send the certification on August 1 or not? Town Election Board: Town Election Board Town Council adopts a resolution: So what’s a town election board? Town election board consists of: The D and R Town Chairman (appointed by the D and R County Chairman) The town-clerk treasurer who serves as secretary of the town election board (like circuit court clerk for county election board) Town Election Board: Town Election Board Powers of Town Election Board If a town election board is established then the town election board, the town executive (president of town board), and the town clerk-treasurer have the same rights, powers, and duties as a county election board, county executive, and circuit court clerk. Town Election Board: Town Election Board WHO PAYS FOR ELECTION Small town pays for own municipal election if town election board runs it Small town and county can enter into an agreement establishing costs for municipal primary, election, or both by Sept. 21. IC 3-10-7-4 If small town and county have agreement then apportionment under IC 3-5-3 does not apply to the small town. (IC 3-5-3-8) Town Convention: Town Convention Back to Town Convention (if necessary) Town Chair for that party posts CAN-15 in 3 prominent places including the town clerk-treasurer’s office and files a copy with the circuit court clerk. Saturday August 18 is deadline to post call because Monday August 20 is last day to hold Convention (can be sooner). Town Convention: Town Convention Pollbook for Town Convention County voter registration official must: Furnish the secretary of the town convention a list of the town voters The list must indicate when the voter registered if the voter became registered in 2007 since the parties determine the registration closing date for their voters at a town convention Town Convention: Town Convention Conducting the Convention Town Chairman for party determines initial voter qualification but voter can appeal decision to undisputed voters. Proxy voting, absentee voting, and voting in more than one convention are not allowed. (Voting in two different conventions is a crime!) Town Convention: Town Convention Convention must adopt rules that cover: Voting Method Resolving Tie Votes How to narrow field to achieve majority of voters present and voting Rights of nonvoting observers and media NOTE: Ds and Rs have model rules Town Convention: Town Convention Certification of Convention Results Town chairman and secretary certify convention candidates on CAN-18 no later than noon Tuesday August 28. Circuit Court Clerk must file a copy of the CAN-18 with town clerk-treasurer no later than Noon September 4 whether or not election to be held by town election board. Town Convention: Town Convention Post Convention Withdraw Nominated candidates may withdraw by noon 3 days following adjournment of convention (CAN-46) Candidate vacancies may be filled utilizing same procedures and forms used by primary candidates (CAN 47, 48 and 49) Minor Parties and Independents: Minor Parties and Independents Requirements and Deadlines 2% Signature Requirement (may be difficult if town boundaries not match precincts) Petitions due Noon Monday July 2 for certification (CAN-44) by county voter registration official Certified Petitions and Consent (CAN-45) due Noon Monday July 16. Voluntary withdrawal Noon July 16. (CAN-46) Write-in Candidate: Write-in Candidate Declaration may be filed beginning January 2 through noon July 3 Write-in candidates do not go on the ballot and only need space and ballot instructions if you have a write-in candidate Challenges for Small Town: Challenges for Small Town WHO HEARS THE CHALLENGE? Challenges to small town convention candidates are handled by the town election board if they are running the election or the county election board if they are running the election Even if the town election board is running the election, any voter of the town may appeal a decision of the town election board to the county election board. IC 3-10-7-34 Challenges for Small Town: Challenges for Small Town CHALLENGE DEADLINES Challenges to convention candidates and petition candidates must be filed no later than noon Sept. 4 (CAN-1) and decided by noon Sept. 11. Challenges to write-in candidates must be filed not later than noon August 24 and decided by noon September 7. Small Town: Is an Election Necessary?: Small Town: Is an Election Necessary? If no more than one nominee (including write-in candidates) for each office on the ballot may not be held. IC 3-8-5-14.3 Unopposed candidates certified as elected. IC 3-12-5-3 If no candidate for an office, current officeholder 'holds over' in office Small Town: Is an Election Necessary?: Small Town: Is an Election Necessary? If there is at least one contest for one office then all offices go on the ballot EXCEPT: If there is an election in a single member district (only people in district vote) and no contest for clerk-treasurer or judge then election board, by unanimous vote can adopt a resolution to have an election only in the district. Municipal Elections: Absentee Voting: Municipal Elections: Absentee Voting A town or county election board may pass a resolution to establish specific days and hours for in person absentee voting less than full 29 days (E.g. on Tuesdays and Saturdays 10 a.m.- 3 p.m.) Resolution must be unanimous Most state past or anticipated volume and expense of providing full time absentee Must state that voters will not be inconvenienced by reduced hours Small Town Elections: Preparation: Small Town Elections: Preparation Precincts and Polling Places (can combine) Precinct election officials lined up and trained Public test of Optical Scan and DRE (48-hour open door law notice) and certification of test to election division (IEC-9; IEC-10) Publication of election (CAN-39) SMALL TOWN ELECTIONS: SMALL TOWN ELECTIONS Tuesday, November 6, 2007 Small Town Election: Small Town Election Canvassing and Certification Town election boards have not yet dealt with provisional voting (See pages 66-73 Election Administrators Manual) Town election boards must decide, not later than noon ten days after election day (Nov. 16), whether a voter’s provisional ballot should be counted or rejected POST ELECTION CERTIFICATIONS: POST ELECTION CERTIFICATIONS TOWN CLERK-TREASURER CAN-32 TOWN COUNCIL CAN-33 Note: Oaths are on back TOWN JUDGE (commissioned by the Governor so there is no certificate) A certificate of election may not be issued until after all recount and contest filing deadlines (November 26, 2007 this year due to Thanksgiving holiday) POST ELECTION RECORDSKEEPING: POST ELECTION RECORDSKEEPING After a town election board completes the canvass and certification, the town election board shall immediately file election records and forms with the circuit court clerk for preservation and voter list maintenance. (IC 3-10-7-33(b)) Thank You: Thank You You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.