INSTRUCTIONS TO PRECINCT BOARDS FOR PROCESSING CHALLENGES TO ABSENTEE BALLOTS

November 8, 2011 Municipal Election

The rules on the following pages regarding challenges to absentee ballots are being provided to you pursuant to an order of the Marion Circuit Court and should be read and applied before absentee ballot security envelopes are opened.

If you receive a challenge to an absentee ballot, you may call the Inspector Hotline at 327-2000 at that time to go over how to apply the rules.

The Marion County Election Board recognizes that the rules are lengthy, so if you have any questions at any time about any of the instructions that follow or how to apply these rules in the event of a challenge to an absentee ballot, you may call the Inspector Hotline at 327-2000.

The rules may be summarized as follows:

  • Challenged in-person absentee ballots with correctly executed ABS-7 forms are counted
  • Challenged mail-in absentee ballots, even with correctly executed ABS-6 forms, are treated as provisional ballots

NOTE: These rules apply only to challenges to absentee ballots, not to challenges of voters who appear in person to vote at the polls.

RULESFOR PROCESSING CHALLENGES TO ABSENTEE BALLOTS

Background

  1. Under Indiana election code, qualified persons may challenge whether an absentee ballot should be counted at the polls or whether it should be treated as a provisional ballot for review and counting by the Marion County Election Board after Election Day.
  2. The Marion Circuit Court has issued an order that requires the Marion County Election Board to provide instructions to precinct election boards on how to process challenges to absentee ballots on Election Day.
  3. Under the Court's order and the Indiana election code, absentee ballots may be challenged at a precinct on Election Day solely for the "reason that the absentee voter is not a legal voter of the precinct where the ballot is being cast".

Who can challenge?

  1. Challenges to absentee ballots for the reason that the voter is not a legal voter of the precinct must be made by affidavit based on first-hand knowledge by a person qualified to make a challenge. A challenger is qualified to challenge an absentee ballot if the challenger is a registered voter of Marion County. In addition, a precinct election officer (the inspector, a judge or a clerk) has authority to challenge an absentee ballot. If you have any questions about whether a challenger is qualified, call the Inspector Hotline at 327-2000.
  2. A challenger who is not a precinct election officer (in other words, who is not the inspector, a judge or a clerk in the precinct) must possess challenger credentials approved by the Marion County Election Board and issued to them by their political party. You must check the challenger's credentials before permitting a challenge. No challenge shall be permitted by a person without credentials.

Filling out the challenge form

  1. If the challenger is qualified, he or she must make the challenge on a PRE-4 form. You may locate this form in the inspector kit. If you do not locate a PRE-4 form, please note that all Provisional Ballot Security Envelopes (PRO-2) have PRE-4 forms printed on the reverse side of the envelope.
  2. The challenger should complete the PRE-4 form to challenge an absentee ballot. The challenger should sign the affirmation statement on the PRE-4 form. You should inform the challenger that he or she is completing the PRE-4 form and signing the affirmation statement under the penalties for perjury, so the information the challenger provides must be based on the challenger's first-hand knowledge.
  3. In providing the reasons for the challenge, the challenger must check one or more of the boxes (1-8) on the PRE-4 form. If the challenger checks only box number 8, the challenger must provide a written reason for the challenge. Under the Court's order, there are certain reasons that a challenger may not lawfully challenge an absentee ballot (or any ballot). A challenger should be advised that a challenge may not be made based on any of the following reasons:
  4. that the voter is identified on a home foreclosure list;
  5. that the voter has received an eviction notice; or
  6. that the voter's signature on the absentee ballot application or absentee ballot envelope does not match the voter's signature on the poll book.
  7. If the Election Board has made a notation to the precinct election board with respect to the genuineness of a signature, a challenge may be made on that basis if the challenger completes and signs the PRE-4 form.

Determine whether to count the ballot or treat as a provisional ballot

  1. As summarized in the cover sheet to these rules:
  2. Challenges to in-person absentee ballots with correctly executed ABS-7 forms are counted.
  3. Challenges to mail-in absentee ballots, even with correctly executed ABS-6 forms, are treated as provisional ballots.
  4. You will now need to determine whether the absentee ballot being challenged was cast in-person or by mail. You can do this by reviewing both the form number and the size of the envelope. In-person absentee ballots are secured in large (8 ½ x 11 inch) envelopes labeled Form ABS-7. Mail-in absentee ballots are secured in smaller mailing envelopes labeled Form ABS-6. If you have any questions about whether the absentee ballot being challenged was cast in-person or by mail, call the Inspector Hotline at 327-2000.
  5. If the challenge is to an absentee ballot that was cast in-person (ABS-7), then determine whether the voter has completed and signed the absentee ballot security envelope. If the voter has signed the envelope, then the challenge is considered overruled and the ballot should be counted by the precinct election board with all other non-challenged ballots that are being counted. Place the completed PRE-4 form with the opened absentee ballot envelope and application for return to the Marion County Election Board. If the voter has not completed and signed the absentee ballot security envelope, place the absentee ballot application and unopened absentee ballot envelope in a Provisional Ballot Security Envelope. If the challenger has used a separate PRE-4 form in making the challenge instead of the PRE-4 form on back of the Provisional Ballot Security Envelope, also place that completed separate PRE-4 form in the Provisional Ballot Security Envelope. (Note that you may fold the absentee ballot security envelope if necessary in order to place it in the Provisional Ballot Security Envelope), You should then seal the Provisional Ballot Security Envelope and complete the PRO-2 form (on the front of the Provisional Ballot Security Envelope) on the absentee ballot voter's behalf.
  6. If the challenge is to an absentee ballot that was cast by mail (ABS-6), and the challenger has completed and signed the PRE-4 form, the absentee ballot should be treated as a provisional ballot and returned to the Election Board for review and counting after Election Day. Place the absentee ballot application and unopened absentee ballot in a Provisional Ballot Security Envelope. If the challenger has used a separate PRE-4 form in making the challenge instead of the PRE-4 form on back of the Provisional Ballot Security Envelope, also place that completed separate PRE-4 form in the Provisional Ballot Security Envelope. You should then seal the Provisional Ballot Security Envelope and complete the PRO-2 form (on the front of the Provisional Ballot Security Envelope) on the absentee ballot voter's behalf.
  7. If you have any questions about processing the challenge or filling out the Provisional Ballot Security Envelope, call the Inspector Hotline at 327-2000.