INDIANA ELECTION COMMISSION
MINUTES
NOVEMBER 25, 1997
MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission [IEC]; S. Anthony Long, Vice-Chairman; Butch Morgan; Briane M. House, proxy for Joseph M. Perkins, Jr.
MEMBER ABSENT: Joseph M. Perkins, Jr.
STAFF ATTENDING: Laurie P. Christie, Co-Director, Election Division, Office of the Indiana Secretary of State ("Election Division"), Mary Ann Tippett, Co-Director, Election Division; J. Bradley King, Co-General Counsel, IEC and Election Division; Kristi Robertson, Co-General Counsel, IEC and Election Division; Annette Craycraft, Co-Director, Campaign Finance, Election Division; Michelle Thompson, Co-Director, Campaign Finance, Election Division; Lori Hershberger, NVRA and Precincts Coordinator; Bruce Northern, NVRA and Precincts Coordinator.
ALSO ATTENDING: Todd Rokita, General Counsel and Election Division Chief, Indiana Secretary of State's Office; Ms. Cindy Lott and Mr. Greg Ullrich, Attorney General's Office; Mr. Jack Black and Mr. Rob McGinnis, Election Systems & Software (formerly Business Records Corporation); Ms. Julia Vaughn, Common Cause of Indiana.
1. CALL TO ORDER AND OPENING REMARKS BY THE CHAIR:
The chair called the November 25, 1997 meeting of the Indiana Election Commission to order at 10:18 a.m. in Training Center Room 12, Indiana Government Center South, 302 West Washington Street, Indianapolis, Indiana, stating that proper notice of the meeting had been given as required by state law.
The chair noted that Joseph M. Perkins had filed an instrument with the Election Division on November 21, 1997 designating Briane M. House as his proxy for this meeting. A copy of this instrument is incorporated by reference in these minutes. [Copies of all documents incorporated by reference are available for public inspection and copying in the Election Division office.] The chair welcomed Mr. House, and noted that a quorum of the Commission (Mr. Cruea, Mr. House, and Mr. Morgan) was present. The chair also noted that although the vice-chair was not present, he was expected in about an hour.
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2. APPROVAL OF SEPTEMBER 30, 1997 MINUTES:
The chair noted that copies of the minutes of the September 30, 1997 Commission meeting had been provided to members before this meeting. There being no additions or corrections, Mr. Morgan moved, seconded by Mr. House, that the September 30, 1997 minutes be approved as submitted. The chair called the question, and declared that with three members (Mr. Cruea, Mr. House, and Mr. Morgan) voting "aye" and one member absent (Mr. Long), the motion was adopted.
3. CAMPAIGN FINANCE ENFORCEMENT:
A. PROPOSED FINDINGS OF FACT AND FINAL ORDER FROM SEPTEMBER 30, 1997 MEETING:
97-3781-164 J. Murray Clark Committee
The chair recognized Mr. King, who stated that Commission members had received a draft Order 1997-70 with their packets. He noted that the Commission voted at its September 30, 1997 meeting to impose a fine of $15.54 against the J. Murray Clark Committee in Cause 97-3781-164, and that the Commission's findings and determination in this matter were set forth in Order 1997-70.
There being no further discussion, Mr. Cruea moved, seconded by Mr. House, that Order 1997-70 be approved as submitted. The chair called the question, and declared that with three members (Mr. Cruea, Mr. House, and Mr. Morgan) voting "aye" and one member absent (Mr. Long), the motion was adopted.
B. STATUS OF PREVIOUSLY ADOPTED ENFORCEMENT ORDERS; REFERRALS TO ATTORNEY GENERAL FOR COLLECTION:
The chair recognized Ms. Thompson, who stated that Commission members had received a document entitled "Committees that have not paid fines as of 11/17/97", which is incorporated by reference in these minutes. In response to a question from the chair, Ms. Thompson responded that the Attorney General's office was continuing to work on collecting these outstanding fines, and that one committee had paid its fine since the last meeting.
C. STAFF RECOMMENDATION CONCERNING I.D.C.C.C.C. MATTER (REFERRED TO MONROE COUNTY ELECTION BOARD AT JUNE 30, 1997 COMMISSION MEETING:
The chair recognized Mr. King, who stated that during one of the Commission's hearings on alleged excess corporate contributions, a contribution was identified as being made from a corporation to the Indiana Democratic County Commissioners Coordinated Campaign. He
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noted that Ms. Linda Pence, counsel representing one of the corporations present, indicated that this contribution had been mistakenly deposited. He stated that Ms. Pence had indicated that the IDCCCC did not function as an ongoing committee, but ceased to exist shortly after it began. Mr. King recalled that the only other information concerning the IDCCCC available to the Commission at that time was that a retiring Monroe County Commissioner had been involved in this effort. Mr. King added that since that Commission meeting, Monroe County Circuit Court Clerk Pat Haley had responded to the Commission's inquiry by stating that no statement of organization for the IDCCCC had been filed in her office, that no candidate's committee report filed in Monroe County indicated the receipt of a contribution from this entity, and that she had no further information concerning this matter. Mr. King remarked that Ms. Haley's response tended to confirm the information supplied to the Commission by Ms. Pence, and indicated that the IDCCCC was not a functioning or ongoing committee. He indicated that as a result, staff recommended that this matter be closed.
Mr. King stated that staff also recommended, to prevent confusion in the future on this point, that a letter be sent from the chair to the Democratic, Libertarian, and Republican state chairs indicating that coordinated committees for local offices in more than one county must be aware of the statutory requirement to file a statement of organization and campaign finance report with each county election board where money was raised or expended.
Mr. House moved that the Commission's consideration of the matter concerning the IDCCCC be closed, and that the letters described above be sent to the state chairs of the Democratic, Libertarian, and Republican parties. Mr. Morgan seconded the motion. The chair called the question, and declared that with three members (Mr. Cruea, Mr. House, and Mr. Morgan) voting "aye" and one member absent (Mr. Long), the motion was adopted. Copies of the staff recommendation and the letters sent to the state chairs are incorporated by reference in these minutes.
D. COMMISSION DISCUSSION AND OPPORTUNITY FOR PUBLIC COMMENT CONCERNING ESTABLISHING PROPOSED STANDARDS FOR THE ASSESSMENT OF EXCESS CONTRIBUTION CIVIL PENALTIES BY THE COMMISSION:
The chair asked if any member of the public was present to comment on this matter. There was no response.
In response to a question from the chair, Ms. Christie indicated that staff would prepare a questionnaire to be circulated at the election administrators' conference in December. She noted that this questionnaire had been distributed to participants at the Campaign Finance Seminar sponsored on November 4, 1997 by the
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Indiana Association of Realtors, Indiana State Building Construction Trades Council, and Indiana Farm Bureau, Inc. A copy of the Campaign Finance Seminar brochure is incorporated by reference in these minutes. The chair responded that he would prefer to conduct further hearings on this matter after receiving more responses from these questionnaires. Mr. Morgan agreed.
The chair recognized Ms. Tippett, who stated that the Commission had received very positive feedback from those attending the seminar. The chair responded that staff participation in these events was a very good idea.
The chair recognized Mr. King, who reported on the results obtained from the questionnaires distributed at the November 4 seminar. He noted that page 7 of the questionnaire listed all of the factors identified in draft Order 1997-54 to be considered in assessing civil penalties against corporations and labor organizations for excess contributions. He indicated that there were sixteen responses, which ranged from opposition to considering any factors since no penalty should be imposed for any violation, to urging strict enforcement for the least violation.
Mr. King noted that the factors had been ranked to indicate which received the most support, and the least, from those responding. He reported that "having campaign finance expertise available to the entity" received the most support, and added that "whether the entity voluntarily supplied information concerning possible additional violations", "the record of any previous civil penalty or criminal violation of the contribution limits", "cooperation with the Election Division in resolving the matter", and "due diligence in discovering and correcting the violation" had also received strong support. Mr. King noted that "the number of contributions made during the previous year" and "the number of employees or members" were the factors receiving the least support. Copies of the questionnaire summary and individual responses are incorporated by reference in these minutes.
In response to a question from the chair, Mr. King reported that at least 55 individuals attending the seminar, including several state legislators, legislative candidates and committee treasurers. The chair indicated that he hoped more of those attending the election administrators' conference would complete the questionnaire. The chair recognized Ms. Christie, who stated that while staff appreciated the response from those who attended the seminar, they realized that since many individuals attending the seminar represented entities that would be subject to a penalty for violations, they may not have known what to say in response. There being no further discussion, the chair closed consideration of this matter.
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4. VOTING SYSTEM CERTIFICATIONS:
A. STATUS REPORT CONCERNING RECERTIFICATION OF BUSINESS RECORDS CORPORATION PC/BT VOTING SYSTEM:
Mr. King distributed the following documents to Commission members: (1) a letter dated November 24, 1997 from Dan T. McGinnis of BRC, concerning the approval of the revised merger plan between BRC and AIS, and the status of Wyle Laboratories' evaluation of this voting system; (2) a memorandum dated November 20, 1997 from BRC to "All BRC Customers" concerning the approved merger; and (3) a facsimile transmission dated November 20, 1997 from the Election Center concerning this matter. These documents are incorporated by reference in these minutes. Mr. King noted that Mr. Black and Mr. McGinnis were present, and could address questions concerning the details of the merger.
The chair recognized Mr. Black, who stated that the long pending merger of BRC and AIS had been approved by the United States Department of Justice, and had been completed the previous Thursday. He indicated that the process of informing BRC employees of the details regarding the merger and of the company's marketing plans for next year was still in progress. Mr. Black noted that although the company's name had changed to Election Systems and Software, Indiana county customers would be served by the same individuals and would contact the same customer service office, and would not notice any other change in the company's election support or voter registration support of its customers. He added that as part of the restructuring, Sequoia Pacific, a California company, will be able to sell the optical scan system marketed by BRC, throughout the country.
Mr. Black stated that BRC had approximately 1200 customers and AIS had approximately 750 customers prior to the merger, and that the merger would result in ES&S becoming the largest voting system vendor in the country. He added that to continue good customer service over the next three to five years, BRC customers would continue to be handled by former BRC staff, and AIS customers by former AIS staff. Mr. Black reported that after the Indiana election administrators' seminar, the company's staff would be attending a meeting at the new ES&S corporate headquarters in Omaha, and would have more information to report at the next Commission meeting concerning the impact of the merger.
The chair recognized Mr. King, who stated that the documents from BRC indicated that while the BRC PC/BT system hardware has been examined by Wyle Laboratories, the voting system's software configuration does not meet the Federal Election Commission standards at this point. He reported that BRC had indicated that over the next few weeks or months, BRC would be working to bring the voting system's software into compliance with FEC standards so that the approval process in Indiana and other states can continue.
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Mr. King added that, as a result, the recertification process for this voting system in Indiana was on hold pending the resolution of this software issue. In response to a question from the chair, Mr. King indicated that the certification of the BRC PC/BT voting system had expired some time ago, but the Commission had continued the certification while the application process was ongoing.
The chair recognized Mr. Black, who stated that the software issue did not involve the configuration of the software. He noted that all of the code for this voting system was written in 1985 before the adoption of the Federal Election Commission standards, and compared the problem to a text written partly in "American English" and partly in "British English", with the text being in the same language, but not compatible. Mr. Black indicated that the company would be working to get the language of the code compatible with FEC standards. He added that this problem does not affect the functionality of the count, since this software had been used in Indiana elections since 1985 and had not demonstrated any problems during that twelve year period.
The chair recognized Mr. McGinnis, who stated that BRC had requested the National Association of State Election Directors (NASED) that the ETP software be "grandfathered" since the software was written prior to the establishment of the FEC standards, but that this request was not granted. He indicated that ES&S would be determining the steps that needed to be taken to bring the software into compliance with FEC standards, and would report back to the Commission at a later meeting. Mr. Black stated that he hoped that they would have more information on this point in January.
Mr. Morgan stated that the approval of the merger appeared to be a good thing, and congratulated Mr. Black and Mr. McGinnis on their continued association with the firm.
The chair recognized Mr. McGinnis, who requested clarification concerning when ISD took over voting system software testing at the request of the Commission from Wyle Laboratories. He noted that at the direction of the Commission, BRC had previously sent its AERO software to Wyle Laboratories, and that AERO software had passed all Wyle tests. He indicated that if the Commission or Wyle Laboratories believes that Wyle no longer has sufficient expertise to evaluate software, that BRC had paid $40,000 for these services unnecessarily. Mr. McGinnis asked when the Commission told other vendors that they did not have to go through the Wyle Laboratories process for testing software.
The chair recognized Mr. King, who stated that at the last several Commission meetings, the staff had presented information to the Commission concerning the role of Wyle Laboratories and Nichols Research. He indicated that several years ago Wyle Laboratories became the only independent testing authority accredited by NASED
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(the National Association of State Election Directors). Mr. King stated that at some point during the last year, Wyle had indicated that it was not able to conduct certain software testing. He indicated that NASED then accredited Nichols Research as an ITA to perform software testing. Mr. King remarked that staff had advised that it would not be fair to any vendor to require a company that had already started the certification process to have to pay for the services of another ITA that had been designated after the beginning of the certification process. He recalled that the staff had recommended as an alternative that Information Services Division, an agency of state government, could be requested to conduct an evaluation of this software. Mr. King stated that this evaluation had been performed with regard to the MicroVote system and the GBS Accu-Vote system. He recalled that Nichols Research had been designated as an ITA in January 1997, and that the ISD procedure had been used during the following ten month period.
B. STATUS REPORT CONCERNING RECERTIFICATION OF GOVERNMENTAL BUSINESS SYSTEMS ACCU-TAB VOTING SYSTEM:
The chair recognized Ms. Robertson, who stated that Commission members had received a copy of a memorandum dated October 7, 1997, from the Co-Directors to Paul Tex of Information Services Division (ISD) concerning the GBS ACCU-TAB voting system recertification. A copy of this memorandum is incorporated by reference in these minutes.
She noted that Commission members had referred this matter to ISD to report back to the Commission concerning whether this voting system complies with the Indiana standards for voting system certification, and that this memorandum requested ISD to perform this evaluation.
C. STATUS OF ESCROW OF GOVERNMENTAL BUSINESS SYSTEMS ACCU-VOTE VOTING SYSTEM PREVIOUSLY APPROVED BY THE COMMISSION:
The chair recognized Mr. King, who noted that Commission members had received copies of the following documents, which are incorporated by reference in these minutes: (1) a letter from the Co-Directors to Mr. Larry Calvert, dated October 3, 1997 concerning the proposed escrow agreement with Fort Knox Escrow Services, Inc.; (2) a letter dated November 18, 1997 to Ms. Christie from Mr. Michael Amiri, Account Manager, Fort Knox Escrow Services, Inc., with an attachment titled "Addendum to Software Escrow Agreement"; and (3) a folder containing information on Fort Knox Escrow.
Mr. King noted that he and Ms. Robertson had reviewed the proposed addendum to the escrow agreement submitted by Fort Knox Escrow and Governmental Business Systems, and recommended that the Commission approve this document so that the State of Indiana would become a protected third-party licensee to the escrow agreement.
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In response to a question from Mr. Morgan, Mr. King indicated that the GBS ACCU-VOTE system had been approved at a previous Commission meeting, and that the staff's past practice had been to conclude arrangements with the vendor and an escrow company for escrow of a system's software after the voting system had been certified or recertified by the Commission. He added that the addendum in this case was essentially identical to the escrow agreement addendum previously approved by the Commission with Brambles, Inc. for the MicroVote MV 464 voting system.
Mr. Cruea moved that the proposed addendum to the GBS Accu-Vote voting system escrow agreement be approved. Mr. Morgan seconded the motion. The chair called the question, and declared that with three members (Mr. Cruea, Mr. House, and Mr. Morgan) voting "aye" and one member absent (Mr. Long), the motion was adopted.
D. STATUS REPORT CONCERNING RECERTIFICATION OF MICROVOTE CORPORATION MV 464 WITH MEMS SOFTWARE:
The chair recognized Mr. King, who noted that Commission members had received copies of the following documents, which are incorporated by reference in these minutes: (1) a letter from the Co-Directors to Mr. James F. Ries, Sr. of MicroVote, dated November 18, 1997; (2) a letter from the Co-Directors to Mr. James F. Ries, Sr. of MicroVote, dated October 9, 1997; (3) a facsimile transmission dated October 7 and received by the Election Division on October 20, 1997, from Mr. Craig W. Motta, Escrow Officer, of Brambles, Inc. to Mr. Steve Corey of MicroVote; (4) a facsimile transmission dated November 18 and received by the Election Division on November 19, 1997, from Mr. Craig W. Motta, Escrow Officer, of Brambles, Inc. to Mr. Corey; and (5) a facsimile transmission dated November 19, 1997, from Mr. Corey to the Co-Directors.
Mr. King reported that the recertification process for the MicroVote MV 464 had been completed, and noted that Brambles had advised the Election Division that MEMS version 6.4 had been escrowed with that company. He added that MicroVote had enclosed a letter indicating that the updated version of this software will be supplied to all Indiana county users before the May 1998 primary.
5. LITIGATION UPDATE:
The chair recognized Ms. Robertson, who stated that Ms. Cindy Lott and Mr. Greg Ullrich of the Attorney General's office were present to report concerning pending cases to which the Commission is a party.
The chair recognized Ms. Lott, who stated that she had information concerning these three cases. She noted that Stewart v. Taylor, which had been handled by Mr. Tony Overholt of the Attorney
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General's office, had now been settled. A copy of the Order of Dismissal, signed by Judge Sarah Evans Barker on September 26, 1997, is incorporated by reference in these minutes.
Ms. Lott noted that the Brownsburg Area Patrons Affecting Change (BAPAC) case, which is being handled by Mr. Jon Larrimore of the Attorney General's office, was still awaiting a decision from the Seventh Circuit, and that no additional information on this case was currently available.
Ms. Lott reported that most of the recent activity in the Anderson v. Indiana Election Commission case had not involved the Commission, but instead focused on an attempt to intervene in the case by a group of Marion County Small Claims Court judges and township trustees. She added that two issues are awaiting briefing and a hearing shortly before Judge Hamilton in U.S. District Court: (1) the motion to intervene, concerning which the Attorney General's office has not taken a position; and (2) a motion to disqualify Mr. Steve Laudig, who is plaintiffs' counsel in this case and also serves as Democratic Party chair in Marion County. Ms. Lott indicated that Mr. Laudig wished to engaged in discovery as a result of this motion. She noted that the Attorney General's office has not taken a position regarding this motion either. Ms. Lott stated that a hearing before Judge Hamilton was scheduled on the motion for intervention during the coming week, and a hearing concerning the motion to disqualify was scheduled for December 5, 1997. She indicated that she hoped that these issues would be resolved soon, and noted that Judge Hamilton had set the case for trial on February 15, 1999. A copy of a memorandum, dated September 30, 1997, from Ms. Lott to the Co-Directors and Co-General Counsels is incorporated by reference in these minutes.
In response to a question from the chair, Ms. Lott stated that only two cases involving the Commission were pending. In response to a question from Mr. King, Ms. Lott indicated that she had advised Mr. Larrimore that Mr. Cruea should be substituted for former chair Jeffery Mallamad in the BAPAC case. She noted that generally substitution occurs automatically under trial rules.
The chair thanked Ms. Lott for her presentation, and welcomed Mr. Long, who joined the meeting at this time.
6. IEC FORMS:
The chair recognized Mr. King, who stated that Commission members had received copies of three proposed orders concerning Indiana election forms: Orders 1997-71 (campaign finance forms); 1997-72 (candidate forms), and 1997-73 (county election board forms), along with the following documents: (1) a letter dated October 1, 1997
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from the Co-Directors to the state chairs of the Democratic and Republican parties, concerning the campaign finance forms recently approved by the Commission; and (2) a memorandum dated October 1, 1997 from Michael A. Fiwek, C.P.A. of the State Board of Accounts to the Co-General Counsels, approving the CFA-4 and CFA-11 forms; (3) a memorandum dated November 24, 1997 from Mr. Fiwek, to the Co-General Counsels, approving the CFA-4 and CFA-11 forms as revised in Order 1997-71; and (4) a memorandum dated November 25, 1997 from Mr. Fiwek to the Co-General Counsels, approving the IEC-3, IEC-7, and IEC-11 forms included in Order 1997-74.
Mr. King also distributed copies of the following draft Orders which had been prepared after packets had been mailed to Commission members: (1) Order 1997-74 (Indiana Election Commission forms); (2) Order 1997-75 (voter registration forms); and (3) Order 1997-76 (candidate and county election board forms). Copies of these orders and documents are incorporated by reference in these minutes. Mr. King noted that the Forms Management Division of the Commission on Public Records had been working diligently with staff to have all form revisions finalized for distribution of a complete packet containing all election forms to circuit court clerks, voter registration officials, election supplies vendors, and the state committees of political parties at the election administrators' conference in December.
A. ORDER 1997-71 (CAMPAIGN FINANCE FORMS):
Mr. King noted that staff had discovered some minor errors in the campaign finance forms previously approved by the Commission in Order 1997-66, and that Order 1997-71 corrects these errors so that software vendors who are in the process of updating their programs can make these conforming changes immediately.
B. ORDER 1997-72 (CANDIDATE FORMS):
Mr. King stated that this Order approves several candidate forms, including the declaration to run in a primary, the declaration for a write-in candidate, and various petitions of nomination. He noted that staff had received many requests from potential candidates who were waiting for the revised versions of these forms.
C. ORDER 1997-73 (COUNTY ELECTION BOARD FORMS):
Mr. King remarked that this Order approves several forms used primarily in county election board offices, such as the certificate completed by a county chairman after filling a local office, and the appointment and oath of office for local county election board members.
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D. ORDER 1997-74 (INDIANA ELECTION COMMISSION FORMS):
Mr. King remarked that this Order approves several forms used primarily by the Election Division which require approval by the State Board of Accounts since they involve cash transactions.
E. ORDER 1997-75 (VOTER REGISTRATION FORMS):
Mr. King noted that this Order approves minor changes to voter registration forms to reflect the new address and name of the Election Division.
F. ORDER 1997-76 (CANDIDATE AND COUNTY ELECTION BOARD FORMS):
Mr. King remarked that this Order approves new candidate forms required by state law, such as the replacement of a candidate nominated by petition, and a special declaration of candidacy for superior court judges in Allen County and Vanderburgh County, who file in January and February, but are placed on the general election ballot, rather than the primary ballot.
Mr. King noted that most of the form revisions included in these orders were minor and straightforward, but that some changes were the result of legislation enacted earlier this year. He remarked that the declaration of candidacy for the primary, the "CAN-2", must now contain campaign finance information notifying the candidate when the deadline for campaign finance reports occurs, and a line for the candidate to sign indicating that the candidate has read and agrees to abide by the campaign finance statutes. Mr. King indicated that these changes were required by law for several of the candidate filing forms, including those used by state convention and write-in candidates.
In response to a question from Mr. Morgan, Mr. King indicated that there were still form revisions to bring before the Commission for approval, but that staff had tried to prioritize these revisions so that the forms in greatest demand could be made available as soon as possible. He also indicated that a brief Commission meeting at the conference to approve the remaining form revisions would be desirable, and would give the staff of Forms Management the time they needed to finish the large number of form revisions.
In response to a question from the chair, Mr. King stated that the Commission had advised at its last meeting that the "old forms" should be used for campaign finance filings in January 1998.
Mr. Morgan expressed his faith in the staff regarding the proposed orders, and the chair stated that he was pleased with the appearance of several of these forms. Mr. Long noted that he had filled several vacancies as county chair by letter, without using a specific form.
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Mr. Long moved, seconded by Mr. Morgan, that Orders 1997-71, 1997-72, 1997-73, 1997-74, 1997-75, and 1997-76 be approved as submitted. There being no further discussion, the chair called the question, and declared that with four members (Mr. Cruea, Mr. House, Mr. Long, and Mr. Morgan) voting "aye" and no member voting "nay", the motion was adopted.
7. REPORT BY CO-DIRECTORS:
A. 1997 ELECTION ADMINISTRATORS CONFERENCE:
The chair recognized Ms. Tippett, who stated that staff was looking forward to this conference, and noted that the chair would be present to introduce Secretary of State Sue Anne Gilroy to those present. Ms. Christie asked all Commission members to be available on the morning of Tuesday, December 9, for a brief meeting at about 8:40 a.m. and then to be introduced to those attending the conference. In response to a question from Mr. Long and Mr. Morgan, Ms. Christie and Mr. King indicated that copies of the proposed orders to approve form revisions would be mailed out to Commission members as soon as the orders are completed, and that material could be made available to Commission members when they register on Monday evening, if necessary.
Ms. Christie encouraged all members to attend any part of the conference that their busy schedules permitted, and to advise staff if they did plan to attend any conference meals so that proper arrangements could be made. A copy of the draft conference agenda is incorporated by reference in these minutes.
B. PUBLICATIONS:
Ms. Christie noted that every office publication, including the Indiana Election Code, had been revised and republished by staff during the last few months. She noted that members had received copies of several publications completed by staff since the last Commission meeting, including: (1) the Guide to Indiana Political Action Committees 1997; (2) the Indiana Election Administrator's Manual, 1998; and (3) the Instruction Manual for County Election Board Members. Copies of these documents are incorporated by reference in these minutes.
Ms. Christie reported that Ms. Robertson had been working on a revised Candidate's Guide that would contain new information regarding county level candidates, and that Ms. Craycraft and Ms. Thompson had been working on a revised Campaign Finance Manual, which will include examples of correctly completed forms. She noted that the Campaign Finance Manual had been reorganized to provide separate sections for candidates and other types of political committees. She added that all of these publications have been updated to reflect the changes included in 1997 legislation.
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Ms. Christie commended the staff for their diligence, and noted the quality of the publications was very impressive. She remarked that Indiana's manuals were now superior to those produced by many larger states.
C. PROCEDURES TO IMPLEMENT THE "FIRST IN, FIRST OUT" PROCEDURE FOR CAMPAIGN FINANCE DATA ENTRY:
Ms. Tippett noted that Commission members had been provided with a copy of a memorandum dated November 20, 1997 from the Co-Directors to Election Division staff concerning the procedures to implement the "first in, first out" procedure for campaign finance data entry. She noted that this memorandum concerned the entry of campaign finance data under the state's contract with Quest Information Systems, Inc. A copy of this memorandum is incorporated by reference in these minutes.
D. PROCEDURES FOR 1998 PRIMARY ELECTION CANDIDATE FILINGS:
Ms. Tippett noted that Commission members had been provided with a copy of a memorandum dated November 19, 1997 from the Co-Directors to Election Division staff concerning the procedures for candidate filings for the May 1998 primary. She indicated that the memorandum designed to address some confusion that had arisen from the 1997 legislation regarding whether an individual should file a declaration of candidacy with the Secretary of State or with the Election Division. Ms. Tippett stated that the Election Division staff had worked with the Secretary of State's office to coordinate procedures to ensure that there would be no question concerning filings received during the final morning for candidate filings for the primary. A copy of this memorandum is incorporated by reference in these minutes.
In response to a question from Mr. Long, Ms. Tippett indicated that the legislation (and this memorandum) did not address the situation where a candidate filed with a county by mistake, rather than with a state office. Ms. Christie noted that the new Candidate's Guide will provide information to help prevent candidates from making this error, but that mistaken filings occur at every election deadline. The chair suggested that this point be emphasized at the upcoming conference.
E. BLOCK BOUNDARY SUGGESTION PROJECT:
The chair recognized Ms. Hershberger, who noted that for a brief period during last year, she had been transferred to Legislative Services Agency to assist with the Block Boundary Suggestion Project (BBSP). She stated that most of the project's work involved providing the U.S. Census Bureau with information concerning precinct boundaries to prepare for the next decennial census. Ms. Hershberger noted that the Block Boundary Suggestion Project allows for the creation of more census blocks, which used in Indiana as
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the basis for precinct lines. Ms. Hershberger noted that the creation of additional census blocks is useful in drawing precinct lines in counties which have a large amount of population growth. She added that all the preliminary work for the BBSP had been completed, and that the information submitted by Indiana was now in Washington and Chicago offices of the Census Bureau. She indicated that the state was awaiting Census Bureau review and approval of these submissions.
F. ESTABLISHMENT OF PRECINCT BOUNDARIES:
The chair recognized Ms. Hershberger, who stated that she had been working late yesterday on precincts with officials from Allen County, and apologized that there was not information concerning precinct establishment orders in the Commission members' packets.
Ms. Hershberger presented Commission members with information concerning the proposed precinct boundaries changes in Allen County, Bartholomew County, Carroll County, Daviess County, Hamilton County, Hendricks County, Jay County, Jennings County, Johnson County, Marion County, Scott County, Steuben County, and Tippecanoe County for Commission approval at this time. A copy of the list of precincts created, combined, or with changed boundaries, along with the summary statement and legal description of each precinct, is incorporated by reference in these minutes.
Ms. Hershberger remarked that the list indicates why a boundary change has been proposed for each precinct, and that many are the result of annexations, voter population limits, and conformity with county council districts and school board election districts. Mr. Northern indicated that in Carroll County, precinct changes were being proposed to economize following the county's purchase of a new voting system, and that in other cases counties were correcting errors in precinct legal descriptions.
Ms. Hershberger noted that staff review of proposed precinct changes is limited to whether a proposed boundary change would violate a congressional district line, state legislative district line, township line, or city limited line. She noted that staff has the additional responsibility to input information concerning all the new precinct lines into the geographic information system (GIS) database in Legislative Services, and that this work has been completed for the counties submitted. Ms. Hershberger added that the marked up maps illustrating these proposed changes and the completed summary statements for each precinct are available in the Election Division office.
In response to a question from the chair, Ms. Hershberger stated that she and Mr. Northern have reviewed each proposed changes, and that as a result of the GIS system, staff's ability to catch errors and improve the accuracy of the process now reaches 99%
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Mr. Northern added that the staff's ability to catch potential breaches in state legislative district lines has improved considerably. Ms. Hershberger stated that although not required by state law, staff does request that each circuit court clerk submit a written statement to the effect that both major party county chairs have been informed of the proposed precinct changes. She indicated that this notification has been performed in each county.
Ms. Hershberger added that some submissions of precinct name changes had been filed with the Election Division under IC 3-11-1.5-34. She noted that name changes do not require approval by the Commission, but take effect when filing occurs.
In response to a question from the chair, Ms. Hershberger indicated that the final day for approval of precinct boundary changes will be January 21, 1998, which is the beginning of candidate filing. She noted, however, that the process must be completed before that date to permit county voter registration offices to make the changes in their voter registration records. She requested that the Commission set a date for another meeting before that time to permit additional changes to be approved.
In response to a question from Mr. Long, Mr. Hershberger indicated that although she had been working until the day before the meeting with Allen County, she would attempt to provide Commission members with summary information concerning proposed precinct boundary changes before the Commission's next meeting. Mr. Long indicated that he did not have a concern about the non-controversial changes proposed today, but that Commission members needed to be informed in advance about precinct boundary changes which were in dispute.
In response to a question from Mr. Morgan, Ms. Hershberger stated that changes would be proposed in approximately 20 more counties before February 1998. Mr. Long requested that staff provide a list of those counties to the Commission. Ms. Christie indicated that staff would provide Commission members with a memorandum listing all counties that were currently considering precinct changes. Ms. Tippett stated that staff would be willing to provide Commission members with more detailed information regarding the proposed changes if the Commission members wished more time to consider the proposed changes.
In response to a question from Mr. Long, Ms. Hershberger indicated that she was aware of a controversy regarding proposed precinct boundary changes in LaPorte County, but that she did not have complete information regarding the dispute. She added that LaPorte County's precincts would be reviewed by staff in the same manner as those from other counties, meaning determining solely whether any state legislative or township boundary had been breached.
Mr. Morgan stated that he had no concern regarding the approval of the precinct changes presented to the Commission today, but that he needed more detailed information regarding controversial changes.
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Mr. Long expressed his agreement with Mr. Morgan. In response to a question from Mr. Long, Mr. Northern indicated that Legislative Services has a server with GIS information concerning all the precincts in Indiana. He noted that the Election Division would be maintaining census maps of the precincts in its office with the precinct submissions.
In response to a question from Mr. Morgan, Ms. Christie stated that she believed that the legislature had appropriated sufficient money for the Election Division to carry out its mission in this area. She noted that in the short session it appeared unlikely that the budget would be reopened for consideration. Ms. Christie stated that when she and Ms. Tippett worked next summer on the budget submission for 1999-2001, that input from Commission members would be important. She noted that the Election Division had been responding to initiatives enacted by the General Assembly, and that an additional $250,000 had been provided for the Election Division to carry out its campaign finance computerization duties.
Mr. Cruea moved, seconded by Mr. Morgan, that the Commission adopt the proposed precinct changes as presented by staff. There being no further discussion, the chair called the question, and declared that with four members (Mr. Cruea, Mr. House, Mr. Long, and Mr. Morgan) voting "aye" and no member voting "nay", the motion was adopted.
G. ADOPTION OF AMENDMENT TO FLOYD COUNTY NVRA IMPLEMENTATION PLAN:
The chair recognized Mr. Northern, who stated that the staff was awaiting correspondence from the Floyd County prosecuting attorney's office concerning the proposed amendment to make that office a "full service voter registration agency." He stated that the amendment was not ready to be presented to the Commission at this meeting.
8. OTHER BUSINESS:
A. ADVISORY OPINION 1997-05:
The chair recognized Mr. King, who stated that Commission members had previously received a draft of this Advisory Opinion. He indicated that this Opinion sought to clarify the impact of new legislation (IC 3-5-4-8) on the existing stock of voter registration forms, by preventing unnecessary expense to the taxpayers in discarding previous versions of voter registration forms. Mr. King stated that IC 3-5-4-8 required that only the current versions of forms be used for candidate and campaign finance related filings. He noted that hundreds of thousands of voter registration forms had been printed after January 1, 1995, when the National Voter Registration Act (NVRA) took effect in
Indiana Election Commission
November 25, 1997 Minutes
Indiana. He indicated that the Commission had approved minor modifications to the basic voter registration forms since that date, such as reflecting the change in the Election Division's address or name. Mr. King stated that no one intended for an individual's application to register to vote be rejected because the application contained the Election Division's old address. He stated that staff recommended that the Commission adopt an Advisory Opinion indicating that the previous versions of these forms continue to be processed, and to ask for a clarification of the 1997 legislation to address this point. Mr. Northern added that the alternative would be a substantial loss in money spent to print these forms.
Mr. Long moved, seconded by Mr. House, that the Commission adopt Advisory Opinion 1997-05 as presented. There being no further discussion, the chair called the question, and declared that with four members (Mr. Cruea, Mr. House, Mr. Long, and Mr. Morgan) voting "aye" and no member voting "nay", the motion was adopted.
B. ORDER 1997-69 (STATEWIDE COMPUTERIZED VOTER REGISTRATION COPYING FEE):
The chair recognized Ms. Robertson, who stated that the fee to be charged by the Election Division for the duplication of the statewide computerized voter registration file had never been officially approved by the Commission, and that Order 1997-69 had been drafted to set this fee at $5,000, the amount charged for this service in the past. She added that staff had contacted both major party state chairs, who had no objection to retaining the fee at that amount.
Mr. Cruea moved, seconded by Mr. Morgan, that the Commission adopt Order 1997-69 as presented. There being no further discussion, the chair called the question, and declared that with four members (Mr. Cruea, Mr. House, Mr. Long, and Mr. Morgan) voting "aye" and no member voting "nay", the motion was adopted.
C. STATE CONVENTION DELEGATE CERTIFICATION:
The chair recognized Mr. King, who noted that under a 1997 amendment to Indiana Code 3-8-4-3, both major political party state committees were required to certify to the Election Division the number of state convention delegates that each county would be entitled to elect at the May 1998 primary. He provided Commission members with a copy of a filing submitted to the Election Division on November 21, 1997 by Mr. Michael D. McDaniel, state chairman of the Indiana Republican Party, setting forth the delegates to be elected in each county. A copy of this document is incorporated by reference in these minutes.
Indiana Election Commission
November 25, 1997 Minutes
Mr. King noted that the document indicates that additional information concerning state convention delegates will be filed by the Republican State Committee. Ms. Robertson stated that the Democratic State Committee is working on its certification, and hoped to have the document filed with the Election Division tomorrow. She indicated that this documentation would be supplied at the next Commission meeting.
In response to a question from the chair, Mr. King indicated that the part of the new procedure is prescribed by state party rules and part is prescribed by state statute. He noted that in some counties, the location of the district boundaries had not been fixed as of the first date for candidate filings, and that the legislation had partly been in response to this problem. In response to a question from Mr. Long, Mr. King noted that in many counties, all delegates were elected at large. He stated that the former state statute set forth the formula used to determine the number of delegates to be elected in each county, and whether state convention delegate districts would be required. Mr. King stated that this statutory provision had been repealed in 1996 to leave the entire matter up to each political party's rules. He noted that each state committee must determine by its rules whether delegate election districts will be used in a county. Mr. Morgan stated that Democratic Party's rules would address this question soon.
In response to a question from the chair, Mr. King stated that if county committee does not notify the county election board concerning delegate districts by December 31, 1997, the county election board is required to draw district lines by default before the first day of candidate filing in January. In response to a question from Mr. Long, Mr. King indicated that this default procedure was set forth in state statute, not party rule. He added that if the county committee does not provide the information concerning whether districts will be used, and where the district boundaries are to be located, the statute leaves the matter to the discretion to the county election board.
D. ADOPTION OF ELECTION DIVISION RECORD RETENTION:
The chair recognized Mr. King, who stated that on November 19, 1997, the Commission on Public Records had approved a revised record retention schedule for the Election Division. A copy of the record retention schedule is incorporated by reference in these minutes. Mr. King noted that Mr. Todd Rokita, was present at the Election Commission's meeting, is the Secretary of State's designee on the Commission on Public Records, and had been present for the Commission's consideration of this topic.
Indiana Election Commission
November 25, 1997 Minutes
9. ADJOURNMENT:
Commission members discussed the dates for the next Commission meeting following the brief December 9, 1997 conference meeting, and determined that a meeting could be conducted at 1:30 p.m. on December 23, 1997. Staff agreed to contact Commission members when a definite location could be fixed for the meeting.
There being no further business to come before the Commission, Mr. Morgan moved, seconded by Mr. House, that the Commission do now adjourn. The chair called the question and declared the motion adopted with four members voting "aye" (Mr. Cruea, Mr. House, Mr. Long, and Mr. Morgan), and no member voting "nay".
The Commission then adjourned at 11:32 a.m.
Respectfully Submitted,
________________________ ___________________________
Laurie P. Christie Mary Ann Tippett
Co-Director Co-Director
APPROVED:
__________________________
Dudley Cruea,
Chairman