Indiana Election Division:Trent Deckard, Co-Director

The Open Door Law, Public Records Law, and Records Retention

Indiana Open Door Law• Meetings of county election board subject to

Open Door Law(May conduct executive session closed to

general public to discuss litigation strategy)• In most cases, 48 hours notice must be given

(does not include weekends or holidays)• Written agenda must be posted at office• Deliver or mail notice to all news media who

would normally request such notice (IC 5-14-1.5-5)

County Election Board: Recoding Meetings

• IC 3-6-5-13: CEB shall keep minutes of all meetings of the board, including records of votes

• In cases where appealed to Circuit Court Judge, this becomes increasingly important

County Election Board: Investigative Action

• If CEB believes there is election law violation, they “shall expeditiously make an investigation” (IC 3-6-5-31)

• If after due notice and a judgment of the board a violation has occurred, CEB may – refer to Attorney General;

– Prosecuting Attorney; or

– Take other appropriate action

• Any decision of CEB may be appealed to Circuit Court, not later than 30 days after decision

County Election Board: Candidate Challenges

CEB may also investigate/rule on questions concerning the validity of items that place candidates on the ballot under the open door:

–Declaration of Candidacy

–Petitions

–Certifications

County Election Board: Campaign Finance

Campaign Finance often overlooked

• Responsibility of CEB, to issue penalties for:– Delinquent Reports

– Defective Reports

Election Records and Retention

General rule for all election records is to retain for at least twenty-two (22) months after the election for which the records were produced.

This includes:-poll lists

-applications for absentee ballot

-ballot envelopes

-tally sheets

-ballots

-computer programs used to tabulate voters

Election Records: Unused Ballots-May be destroyed after the deadline for filing a

recount petition (except for one, which is retained for the election record).

-Any record concerning an issue in litigation must be retained until the controversy is resolved, subject to orders of the court.

Election Records: Canceled registration

• Canceled registration records may be disposed of as follows:– Determine the date of the next general election after the

cancellation of each registration. If the general election is more than 24 months ago, the record may be disposed of.

– Voter declination records must be retained for 24 months.

– Duplicate registration records for a voter must be retained as long as the person remains a voter of the county.

Election Records: Campaign Finance

• Campaign finance records and statements are kept four years from December 1, following the election to which they pertain.

• Reports and statements from candidates for judge must be kept 6 years from December 1 following the election to which they pertain.

Public Record:Voter File

Some may refer to voter file as the party list:

• Must act in a uniform, non-discriminatory policy on providing:– Duplicate copies

– Computer tape

– Computer disc

–Microfilm or any record

*County election board should record in minutes the official policy concerning voter file

Public Records: Copying and Inspection

• All election material available for copying and inspection under the Public Records Law, except for ballots which remain confidential.

• Election material must remain sealed while a recount or contest is underway.

• Materials 2003, or before, are not available under the Public Records Law.

• New: No longer required to consult the county public records commission on destroying records.

Public Record Tips! • On copies, redact any full printing of a social-

security number.

• Enact and administer a uniform fee for inquiries.

• When do I respond? If requestor is within office or calling, the office must respond within 24 hours. If mailed, emailed or faxed, a response must be within 7 days. Response is just acknowledgement and not production of records.

Questions?

Trent Deckard

tdeckard@iec.in.gov

317-232-3940