INDIANA ELECTION COMMISION
MINUTES
DECEMBER 9, 1998
MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission [IEC]; Jason Bell, proxy for S. Anthony Long, Vice-Chairman; Butch Morgan; Joseph M. Perkins, Jr.
MEMBERS ABSENT: S. Anthony Long, Vice-Chairman.
STAFF ATTENDING: Laurie P. Christie, Co-Director, Election Division, Office of the Indiana Secretary of State ("Election Division"); J. Bradley King, Co-General Counsel, IEC and Election Division; Kristi Robertson, Co-General Counsel, IEC and Election Division; Michelle Thompson, Co-Director, Campaign Finance, Election Division; Bruce Northern, NVRA and Precincts Coordinator.
ALSO ATTENDING: Mr. Steve Corey (Governmental Business Systems); Mr. Pat Whalen (Election Systems & Software).
1. CALL TO ORDER:
The chair called the December 9, 1998 meeting of the Indiana Election Commission to order at 8:33 a.m. in the Regency Ballroom of the Hyatt Regency Hotel, One National City Plaza, Indianapolis, Indiana. He noted that proper notice of the meeting had been given, as required by state law, and that a quorum of Commission members was present. The chair noted that Mr. Morgan was absent, but was expected to arrive shortly.
A copy of the meeting notice and agenda is incorporated by reference in these minutes. [Copies of all documents incorporated by reference are available for public inspection and copying at the Election Division office.]
2. WELCOME AND INTRODUCTION OF PROXY MEMBER:
The chair noted that a proxy had been filed with the Election Division on December 7 by Mr. Long designating Mr. Jason Bell as his proxy for this meeting. A copy of the proxy is incorporated by reference in these minutes. The chair and Mr. Perkins welcomed Mr. Bell and thanked him for his participation.
Indiana Election Commission Minutes
December 9, 1998
3. APPROVAL OF OCTOBER 14, 1998 MINUTES:
The chair said that each Commission member had previously received a draft of the proposed Commission minutes for October 14, 1998 meeting. Mr. King noted that a reference to "Mr. Garver" on page 35 should read "Mr. Long". There being no additional corrections, Mr. Perkins moved that the minutes be approved as corrected. Mr. Cruea seconded the motion. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Bell, and Mr. Perkins), one member absent (Mr. Morgan), and no member voting "nay", the motion was adopted.
4. VOTING SYSTEM CERTIFICATIONS:
A. ESCROW OF ELECTION SYSTEMS & SOFTWARE (ES&S) PC-BT BALLOT CARD VOTING SYSTEM:
The chair recognized Mr. King, who noted that Commission members had received a copy of a letter dated December 7, 1998 from Mr. King and Ms. Robertson to Mr. Jack Black of ES&S concerning their review of the escrow agreement between ES&S and Granite City Record & Security Storage. A copy of the letter is incorporated by reference in these minutes.
Mr. King stated that the Granite City escrow agreement provided significantly more flexibility than the escrow agreement between MicroVote Corporation and Brambles previously approved by the Commission. He indicated that as a result, the Election Division staff recommended approval of the Granite City escrow agreement, subject to ES&S and Granite City entering into an addendum to provide that one or more Election Division employees would be designated at all times as "authorized persons" under the terms of the Granite City escrow agreement. Mr. King noted that Commission members had been provided with a copy of the following documents: (1) a two page document titled "Addendum to Records Storage Agreement"; (2) a three page facsimile transmission dated October 9, 1998 from Ms. Bonnie Cuellar of ES&S to Ms. Christie; and (3) an eight page facsimile transmission dated November 12, 1998 from ES&S to the Election Division consisting of the 1990 Records Storage Agreement between Granite City and Business Records Corporation (now ES&S), the November 22, 1995 Addendum to Escrow Service Agreement executed by BRC & Granite City, and the Election Software Control Release executed November 16, 1995 and Customer Transmittal executed by BRC & Granite City. Copies of these documents are incorporated by reference in these minutes.
After the Commission examined these documents, Mr. Cruea moved, seconded by Mr. Perkins, that the escrow agreement between ES&S and Granite City be approved, subject to ES&S and Granite City entering into an addendum to provide that one or more Election Division employees
Indiana Election Commission Minutes
December 9, 1998
would be designated at all times as "authorized persons" under the terms of the escrow agreement, and that the chair be authorized to execute the proposed Addendum on behalf of the Commission. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Bell, and Mr. Perkins), one member absent (Mr. Morgan), and no member voting "nay", the motion was adopted. Mr. Perkins urged Mr. Whalen to obtain the necessary signatures on the Addendum from Granite City as soon as possible.
B. ESCROW OF GOVERNMENTAL BUSINESS SYSTEMS ACCU-TAB BALLOT CARD VOTING SYSTEM:
The chair recognized Mr. King, who noted that Commission members had received a copy of a letter dated December 7, 1998 from Mr. King and Ms. Robertson to Mr. Steve Corey of GBS concerning their review of the escrow agreement between GBS and Fort Knox Escrow Services, Inc. A copy of the letter is incorporated by reference in these minutes.
Mr. King stated that the Fort Knox Escrow agreement had been amended in November 1997 to include the recommended provisions to protect the interests of the State of Indiana, and that this Addendum applied to all voting system software placed in escrow with Fort Knox by GBS. Mr. King added that GBS had subsequently clarified that both the ACCU-TAB and ACCU-VOTE voting system software had been placed in escrow with Fort Knox. He indicated that as a result, the Election Division staff recommended approval of the Fort Knox escrow agreement with regard to the ACCU-TAB voting system software. Mr. King noted that Commission members had been provided with a copy of the following documents: (1) a letter dated December 7, 1998 from Ms. Monica F. Fuller, Client Services Representative, Fort Knox Escrow Services, Inc., to Mr. King; (2) a letter dated November 16, 1998, from Ms. Dianna L. Dillard, Senior Client Services Representative, Fort Knox Escrow Services, Inc. to Mr. Larry Calvert of GBS; (3) a three page letter dated November 18, 1997 from Mr. Michael Amiri, Account Manager, Fort Knox Escrow Services, Inc. to Ms. Christie; and (4) a facsimile transmission dated October 14, 1998 from Mr. Corey to Mr. King. Copies of these documents are incorporated by reference in these minutes.
After the Commission examined these documents, Mr. Perkins moved, seconded by Mr. Bell, that the escrow agreement between GBS and Fort Knox Escrow Services, Inc. regarding the ACCU-TAB voting system software be approved. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Bell, and Mr. Perkins), one member absent (Mr. Morgan), and no member voting "nay", the motion was adopted.
Indiana Election Commission Minutes
December 9, 1998
5. CAMPAIGN FINANCE ENFORCEMENT:
A. ADOPTION OF FINDINGS OF FACT AND FINAL ORDERS IN CAUSES CONSIDERED AT THE OCTOBER 14, 1998 MEETING:
The chair recognized Ms. Thompson, who stated that Orders 1998-109 through 1998-126, inclusive, had been prepared and distributed earlier to Commission members. Copies of these documents are incorporated by reference in these minutes.
After Commission members reviewed the proposed orders, Mr. Cruea moved, seconded by Mr. Perkins, that Orders 1998-109 through 1998-126 be adopted as presented. The chair noted that Mr. Morgan had not yet arrived, and moved to table this motion until Mr. Morgan was present. Commission members unanimously consented to this motion.
Upon the subsequent arrival of Mr. Morgan, and after according him an opportunity to review the proposed orders, the Commission consented to take this motion off the table. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Bell, Mr. Morgan, and Mr. Perkins), and no member voting "nay", the motion was adopted.
B. STATUS REPORT CONCERNING COLLECTION OF CIVIL PENALTIES BY THE OFFICE OF THE ATTORNEY GENERAL:
The chair recognized Ms. Thompson, who reported that the office of the Attorney General had sent letters to several committees to demand payment of civil penalties assessed by the Commission that remained unpaid. She indicated that at the next Commission meeting she would provide members with a list of both collected and outstanding civil penalties.
C. STATUS REPORT CONCERNING CAMPAIGN FINANCE DATABASE AUDIT FUNCTIONS:
The chair recognized Ms. Thompson, who reported that the audit functions in the Campaign Finance Database were functioning properly, and that staff would have additional information to present concerning this matter at the next Commission meeting.
Indiana Election Commission Minutes
December 9, 1998
D. STATUS REPORT CONCERNING CAMPAIGN FINANCE INFORMATION ON THE INTERNET:
The chair recognized Ms. Thompson, who reported that all of the 1998 pre-election reports and pre-election large contribution supplemental reports had been published on the Internet.
E. CAUSE 98-4090-171: CITIZENS FOR ANTHONY UNDERLY:
The chair recognized Ms. Thompson, who stated that the Election Division staff was continuing to investigate this matter, and would have an updated report prepared for the next Commission meeting.
F. OCTOBER 21, 1998 LETTER FROM SARAH WOLF FOR STATE REPRESENTATIVE COMMITTEE RE: COMMITTEE TO ELECT BOB CHERRY:
The chair recognized Ms. Thompson, who noted that Commission members had received a copy of a letter dated October 21, 1998 from Mr. Keith J. McClarnon, Treasurer of the Sarah Wolf for State Representative Committee to Mr. Cruea, alleging that the Committee to Elect Bob Cherry had violated the Campaign Finance Act by failing to report three expenditures for campaign mailings. A copy of this letter is incorporated by reference in these minutes. Ms. Thompson stated that the Election Division staff would investigate this matter, and have an initial report prepared for the next Commission meeting.
G. STATUS REPORT: ENFORCEMENT ACTIONS CONCERNING 1998 PRE-ELECTION AND PRE-ELECTION LARGE CONTRIBUTION SUPPLEMENTAL REPORTS:
The chair recognized Ms. Thompson, who reported that ten committees had failed to file 1998 pre-election reports with the Election Division by the statutory filing deadline, and that eighteen candidate committees had failed to file pre-election large contribution supplemental reports by that deadline. She indicated that cause numbers would be assigned for these 28 committees, and that the hearings on these causes would be scheduled for the next Commission meeting.
The chair thanked Ms. Thompson for her reports.
Indiana Election Commission Minutes
December 9, 1998
6. VOTER REGISTRATION REPORTS:
A. STATUS REPORT: DESIGNATION OF UNIVERSITY DISABILITY OFFICES:
The chair recognized Mr. Northern, who noted that Commission members had received a copy the following documents: (1) a facsimile transmission received August 10, 1998, and addressed to Ms. Christie and Ms. Tippett from Michael J. Beattie, Executive Director of the National Coalition for Students with Disabilities Education and Legal Defense Fund; (2) a letter dated September 21, 1998 from Ms. Christie and Ms. Tippett to Mr. Beattie; and (3) a memorandum dated August 10, 1998 from Brian Hancock, Election Research Specialist, Federal Election Commission, to all State Election Directors. Copies of these documents are incorporated by reference in these minutes.
Mr. Northern noted that the Election Division was required to notify any office or agency that might be required to provide "full service" voter registration under NVRA to individuals with disabilities. He added that the Commission was then required to provide an opportunity for a hearing before issuing an order to require the office or agency to provide "full service" voter registration. Mr. Northern remarked that he was working to identify which Indiana colleges and universities had established disability offices, and to contact them for information regarding this issue. He indicated that he would provide the Commission with more information at a future meeting.
B. VOTER REGISTRATION ISSUES FROM 1998 GENERAL ELECTION:
Mr. Northern addressed the question of voter registration problems that surfaced at the 1998 General Election. He noted that some counties reported issuing a large number of certificates of error, and that many individuals had applied for registration at a license branch, but the county voter registration office had no record of their applications. He indicated that state law permitted individuals who claimed to have applied at a full service voter registration office, such as a license branch, to vote at the polling place, but only if the individual could produce their application receipt from the license branch or other agency. Mr. Northern noted that if the individual could not produce the receipt, state law prohibited the individual from voting at the precinct unless his or her name was listed on the registration list or a certificate of error could be issued. He concluded by remarking that employee turnover at full service voter registration offices required ongoing training concerning voter registration, and that the Bureau of Motor Vehicles continued to work to address these problems.
Indiana Election Commission Minutes
December 9, 1998
7. CO-DIRECTORS' REPORT:
The chair recognized Ms. Christie, who stated that the 1998 Election Administrators Conference was scheduled to begin immediately after the conclusion of this Commission meeting, and that approximately 350 individuals were in attendance. She thanked the Election Division staff for its work in preparing for this conference.
The chair recognized Ms. Tippett, who announced that this would be the last Commission meeting she would attend as a Co-Director. She remarked that she was leaving as Co-Director at the end of the year, and looked forward to spending more time with her new son, Chandler.
The chair and Commission members thanked Ms. Tippett for her work at the Election Division, and wished her well in the years ahead.
8. LITIGATION REPORT:
The chair recognized Ms. Robertson, who stated that she had contacted the Attorney General's office concerning the Anderson v. Long (Marion County small claims court) and BAPAC v. Baldwin (definition of "political action committee") cases, but had not been advised of any recent developments. She indicated that additional information would be presented at the next Commission meeting.
Ms. Robertson noted that Commission members had received a copy of two documents: (1) the complaint filed in United States District Court Southern District of Indiana, Indianapolis Division, captioned Lawyer's [sic] Educational Advocacy Forum (LEAF) v. Able [sic]; and (2) a memorandum from Ms. Robertson to Commission members concerning LEAF v. Abell dated December 8, 1998. Copies of these documents are incorporated by reference in these minutes.
Ms. Robertson remarked that the LEAF case involved a challenge to the constitutionality of Indiana's new campaign disclaimer statute (IC 3-9-3-2.5), and that Mr. Robbin Stewart, the plaintiff's attorney had presented a settlement offer to the Commission. Ms. Robertson referred Commission members to her memorandum, which set forth the content of this settlement offer.
After reviewing the proposed settlement offer, Mr. Perkins moved, seconded by Mr. Bell, that the Commission reject the proposed settlement offer in this case. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Bell, and Mr. Perkins), one member absent (Mr. Morgan), and no member voting "nay", the motion was adopted.
Indiana Election Commission Minutes
December 9, 1998
Ms. Robertson noted that Commission members had received a copy of Order 1998-127, which denied a motion filed by Mr. Brent Welke concerning the withdrawal of an exhibit filed by him in Cause No. 98-01 (In re: the Declaration of Candidacy of Marcus M. Burgher IV, for Prosecuting Attorney for Crawford County). A copy of the proposed order is incorporated by reference in these minutes. She remarked that the Commission had denied the motion at its October 14, 1998 meeting, and that Order 1998-127 was presented to formally notify Mr. Welke regarding the disposition of his motion.
Mr. King stated that, as directed by the Commission at its last meeting, he had contacted Mr. Gerald Handfield, Director of the Commission on Public Records, who advised him that exhibits submitted as part of Commission proceedings must be permanently retained as a part of the Commission's records.
After reviewing Order 1998-127, Mr. Cruea moved, seconded by Mr. Perkins, that Order 1998-127 be adopted as presented. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Bell, and Mr. Perkins), one member absent (Mr. Morgan), and no member voting "nay", the motion was adopted.
9. APPROVAL OF FORMS:
The chair recognized Mr. King, who noted that Commission members had received a copy of proposed Order 1998-128. A copy of this Order is incorporated by reference in these minutes. Mr. King stated that this Order contained additional forms to be distributed at the Conference, and that additional revisions to forms had been required since: (1) the Libertarian Party retained its ballot status at the November 1998 general election, and that further revisions to the 1999 municipal election forms were necessary; (2) several county officials had requested certificate of election forms for mayors, clerk-treasurers, town council members, and other officials to be elected in November 1999; and (3) several counties had proposed improvements and revisions to absentee ballot security envelopes approved earlier this year by the Commission.
Mr. King noted that the proposed order approved new envelopes for absentee ballot security envelopes for use by travelling boards and for mailing absentee ballot material, but included a provision permitting counties to change the dimensions of these envelopes if necessary to accommodate optical scan ballot cards.
Mr. Cruea moved, seconded by Mr. Perkins, that Order 1998-128 be approved as presented. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Bell, Mr. Morgan, and Mr. Perkins), and no member voting "nay", the motion was adopted.
Indiana Election Commission Minutes
December 9, 1998
10. 1998 GENERAL ELECTION RETURNS AND CERTIFICATION:
The chair recognized Mr. King, who stated that the final, official returns for the 1998 General Election were available at the Election Division web site. He noted that the Co-Directors had certified the Official Canvass of the 1998 General Election to the Secretary of State on November 20, 1998, and that the Secretary of State had certified the results to the Governor on that date in accordance with state law. A copy of the Official Canvass is incorporated by reference in these minutes.
Mr. King added that the "Live Election Night Returns" has been a successful experiment. He noted that by the end of election night canvassing, official returns from 78% of the state's precincts had been entered into a database, which was available on the Internet. Mr. King added that this site had received approximately 50,000 hits on election night alone.
11. INDIANA ELECTION COMMISSION WEB PAGE:
Mr. King noted that Access Indiana was now publishing a web page with information concerning the individuals serving as Commission members. A copy of this web page is incorporated by reference in these minutes. Commission members reviewed this document, and thanked Mr. King for providing this information.
12. DESIGNATION OF REGULARLY SCHEDULED MEETING DATES:
The chair recognized Ms. Christie, who stated that Commission members had received a copy of proposed Order 1998-129, which would set regularly scheduled meeting dates for the Commission at 10 a.m. on the third Thursday of each month. She noted that under this order, the chair could cancel regularly scheduled meetings after determining there was not sufficient business. Commission members reviewed the proposed order, and the chair directed that the proposed Order be placed on the agenda for the Commission's next meeting.
13. POINT OF PERSONAL PRIVILEGE BY COMMISSIONER PERKINS:
The chair recognized Mr. Perkins, who stated that he had enjoyed the opportunity recently to participate in an Indiana Kids' Election function at Columbus North school with former Attorney General Pam Carter. He remarked that he had been favorably impressed with several high school students who had participated in this event. The chair and Commission members thanked Mr. Perkins for his remarks.
Indiana Election Commission Minutes
December 9, 1998
14. POINT OF PERSONAL PRIVILEGE BY COMMISSIONER MORGAN:
The chair recognized Mr. Morgan, who stated that he hoped that the Commission could conduct meetings in other parts of Indiana during 1999. He emphasized that he would not want the Commission to conduct meetings outside of Indianapolis merely for the sake of doing so, but would consider alternative sites if the Commission determined it would be beneficial to the public. The chair and Commission members thanked Mr. Morgan for his suggestion.
15. ADJOURNMENT:
There being no further business to come before the Commission, Mr. Perkins moved, seconded by Mr. Bell, that the Commission do now adjourn. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Bell, Mr. Morgan, and Mr. Perkins), and no member voting "nay", the motion was adopted. The Commission then adjourned at 9:02 a.m.
Respectfully submitted,
| _________________________ | _________________________ |
| Laurie P. Christie, | Spencer Valentine, |
| Co-Director | Co-Director |
APPROVED,
_________________________
Dudley R. Cruea, Chair