CERTIFICATES OF ERROR,



CERTIFICATES OF ERROR,

PROVISIONAL BALLOTS,

AND FAILSAFE PROCEDURES

In Indiana, to be eligible to vote, a person must have registered to vote prior to the election. Each county keeps a list of registered voters and prints out the list for use on election day (called a poll list or pollbook). This list of registered voters is divided into precincts and provided to the inspectors on the weekend prior to election day.

The poll list generally contains the names of every eligible voter, but that is NOT ALWAYS the case.

If a voter’s name does not appear on the poll list-the poll workers should NOT assume the person is ineligible to vote. The poll clerk should notify the inspector, who should call the clerk’s office or board of voter registration (some counties have a designated number(s) or an inspector hotline for inspectors to get through on election day). There are a number of instances where a voter’s name might not be on the list but the person is still eligible to vote.

If a voter’s name is on the poll list but the address is incorrect, there are also a number of instances in which the voter might still be able to vote a regular ballot.

A little investigation is needed in these circumstances.

Fail safe provisions are federal and state laws that permit a person to vote in specific circumstances even though the person’s name does not appear on the poll list or the person’s name or address is different than the name or address that appears on the poll list.

If a voter’s name is not on the poll list or the name or address of the voter is different than on the poll list, direct the poll clerks to ask the inspector to call the county for assistance!

1) CERTIFICATES OF ERROR, if voter left off the poll list due to county’s error

2) VRG 4/12

a. Moved during the close of registration (last 30 days before election)

b. Moved at any time within same county and same congressional district

c. May NOT be used in municipal election if voter moved into our outside of city or town limits!

(3) VRG-15, Presidential Election year only!!

3) ORAL AND WRITTEN AFFIRMATION

a. Name change, simply correct name on poll list

b. Address change, different scenarios exist, see below

c. Registered at a full service voter registration agency (BMV, FSSA, Medicaid, WIC, DWD, DOH, Agencies serving disabled or elderly)

4) PROVISIONAL BALLOTS-only as a last resort, after a voter has been properly challenged and voter has completed an affidavit and envelope.

A word about VOTE CENTER COUNTIES-slightly different procedure since voters can vote at any precinct and not just the one they reside in. However, all fail safes apply in vote center counties with the exception of a person being in the wrong precinct.

CERTIFICATES OF ERROR

Used if a voter’s name left off the poll list due to a county error. COE’s are generated in the SVRS either prior to election day or on election day.

Sometimes counties will move voters from one precinct into another precinct when the county redraws precinct boundaries OR during precinct data clean up activities. Check to see if your county redrew precincts this year or performed any data cleanup and if so, which precincts were affected. Some counties add precincts or redraw boundaries if their precincts grow too large. Generally, Indiana law permits each precinct to contain no more than 1,200 active voters. Usually voters get moved into the correct precinct, but occasionally mistakes occur.

One county was conducting clean up activities when they accidentally moved the whole street into one precinct, instead of a couple of blocks. This mistake affected a couple of hundred voters and wasn’t caught until after the poll books had been printed. The county issued Certificates of Error in advance and sent them out to the affected precinct along with the poll lists.

COE’s are also used when the county cancels a voter’s registration in error.

There are a variety of reasons why a voter’s registration record can be cancelled (death, incarceration, voter’s written request, or failure to vote in 2 general election cycles after being “inactivated”) Sometimes a county will cancel the wrong voter (due to similar names or other mistakes made during voter list maintenance) or cancel a voter incorrectly. When this happens, and the voter appears to vote and learns his or her name is not on the poll list, the inspector should call the clerk or board of voter registration. If the county determines a mistake was made, the county shall issue a COE through the SVRS. The COE can be delivered to the poll place or the county official can provide the 15-digit tracking number on the COE to the inspector.

(3) COE’s are used when a county prints the poll list before all eligible voters get added to the list. This might happen if a voter registration application is processed and the acknowledgment card is mailed to the voter very close to the printing of the poll lists and the 7 day pending period will expire before election day. Some counties use the “auto-activate” process right before printing poll lists, but if a county does not use the process, they might need to issue COE’s for the voters who become “active” after the poll lists are printed.

When a COE is issued, the Voter gets to vote a REGULAR BALLOT, unless otherwise challenged. See VRG 35.2 in our Standard Operating Procedures.

(C 3-7-33-5; 3-7-45-7; 3-7-48-1; 3-7-48-2; 3-7-48-3; 3-7-48-4)

VRG 4/12

This fail safe procedure permits certain voters who move and fail to update their registration to vote a REGULAR BALLOT at their precinct of former residence.

Voter moves anywhere in the state within the final 30 days before the election. Since registration closes before the election, the General Assembly adopted a law that permits voters who move in the last 30 days of the election to return to their precinct of former residence and vote one last time, after the voter fills out a VRG 4/12 form. These forms are sent to each polling place and used to register a voter in their new precinct of residence. If a voter completes the form, the voter is permitted to vote a REGULAR BALLOT, unless otherwise challenged.

See IC 3-10-11. The bottom part of the form must be completed by someone authorized to administer oaths (usually a board of voter registration member or member of the precinct election board).

Voter moves at any time within the same county and same congressional district. Federal law requires and state law provides that a voter who moves within their same congressional district and same county can return one last time and vote at their precinct of former residence even if the person moved MORE than 30 days before the election. In order to vote in this instance, the voter must do one of two things: (1) complete a VRG 4/12; or (b) make an oral affirmation in front of the poll clerks, who then put the affirmation into writing in the back of the poll book. See IC 3-10-12

See VRG 4/12 form. The bottom of this form must be completed by someone authorized to administer oaths (usually a voter registration board member or precinct election board member). These forms can be completed by those requesting an absentee ballot in person or by mail as well as on election day.

VRG-15 (Presidential Election Year Only)

In a Presidential Election Year, if a voter moves to a new residence outside of Indiana and moves within the final 30 days before an election, Federal law provides that a voter must be allowed to vote a REGULAR BALLOT at the precinct of former residence, if the voter produces or signs a VRG-15 form. However, the voter is to be given a ballot for President and Vice-President Only.

ORAL OR WRITTEN AFFIRMATIONS

Name Change—A voter informs the poll clerks that his or her name has changed and is different than the name contained on the poll list (often as a result of marriage or divorce but not always). Indiana law permits a person who is registered to vote to indicate the person’s new name on the poll list, vote a regular ballot, and requires the county to update the voter’s registration information after the election. See IC 3-7-41-2.

Address Change within the Same Precinct—A voter informs poll clerks that he or she has moved. Once inspector contacts the clerk or voter registration office and determines the voter’s new address is within the same precinct as the voter’s former residence (regardless of when voter moved), the voter simply updates his or address on the poll list and is permitted to vote a regular ballot. The county shall update the voter’s registration record after the election. See IC 3-7-39-7.

Voter’s name is not on poll list but the county has a record of them at the address they claim to now live but the record shows the registration has been cancelled—This voter must be allowed to vote a REGULAR BALLOT in the precinct if the voter is willing to sign a written statement on the poll book that the voter continues to reside at the address in the precinct that was formerly shown on the county’s voter registration record. This is so even if the registration record shows the registration was cancelled correctly or at the voter’s request!! The voter could also make an oral affirmation, and the poll clerks must write down the information on the poll book for the voter to initial. Contact county election board so that they can alert any precinct where the voter might be incorrectly on the poll list. See IC 3-7-48-6. If the voter is subsequently challenged, and the voter fills out the counter affidavit, then the voter gets a provisional ballot.

Voter’s name not on poll list but voter has a receipt from the BMV or other voter registration agency (VRG-6)—If receipt indicates that voter completed the application before registration closed, then the inspector should call the clerk or voter registration office to determine if application was received and processed. If the county has no record of receiving the application or if the county records show the application was received and approved, the voter gets to vote a REGULAR BALLOT. If the county records indicate the application was received but rejected, the voter is not eligible to vote unless the county determines the rejection was in error. If the rejection was in error, the voter gets to vote a REGULAR BALLOT. If this voter is subsequently challenged, and the voter fills out the counter affidavit, then the voter gets a provisional ballot. See IC 3-7-48-7 and 7.5.

PROVISIONAL BALLOTS

Provisional ballots provide a mechanism to permit a voter’s whose eligibility cannot be determined on election day the opportunity to cast a ballot that is set aside for further investigation. A provisional ballot may or may not be counted depending upon the circumstances.

Because the provisional ballot may not be counted, it should NOT be used immediately upon discovering a person’s name is not on the poll list. Many voters whose names are not on the poll list or whose name or address are incorrect on the poll list are still entitled to vote a REGULAR BALLOT. Best to instruct poll workers that if a name is not on the poll list, the inspector should call the clerk or voter registration board for assistance. Ask the voter to step out of line while the call is made so that other voters are not held up.

When should a Provisional Ballot be given to a voter? Said another way, when should a challenge be issued? (Only inspector, judges or challengers should issue challenge) Poll Clerks can issue challenges in only one instance, when the poll clerk questions the voter’s signature.

If the voter is unable or unwilling to present photo ID that complies with Indiana law.

If the voter is not a citizen of the United States

If the voter will not be 18 at the general election

If the voter does not reside at the address listed on the poll book and the voter is not eligible to vote by filling out a VRG 4/12 form.

If the voter is identified on the poll list as required to present additional residence documentation (for certain first time voters who register by mail) and the voter is not able to present the documentation.

The voter is not on the poll list and the voter is not eligible to use any of the fail safe procedures above but would still like to cast a ballot in this election.

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