Disclaimer Brennan Center for Justice at NYU School of Law, Lawyers Committee for Civil Rights Under Law & Association of Pro Bono Counsel

Transcription

1 September 2018

2 Disclaimer This guide provides basic information and should be used as a reference only. It is not a substitute for legal advice, and it does not purport to provide a complete recitation of the relevant local, state or federal laws. The law changes frequently. The information provided may not be current and may not apply to your specific set of facts or circumstances. If you require legal advice, please consult your attorney Brennan Center for Justice at NYU School of Law, Lawyers Committee for Civil Rights Under Law & Association of Pro Bono Counsel

3 Table of Contents I. Introduction... 1 II. Overview of Indiana s Election System... 2 III. Description of Roles... 3 a. Qualifications.3 b. Categories of Poll Workers / Responsibilities and Duties... 4 c. Party Affiliation...5 d. Terms of Office... 6 e. Compensation... 6 IV. Application Process... 6 a. How to Apply... 6 b. Deadlines for Filing... 8 V. After Applying... 8 a. Following Up... 8 b. Overcoming Objections... 8 VI. Training Resources... 9 VII. Be a Proactive Poll Worker... 10

4 I. Introduction Thank you for your interest in becoming a poll worker in Indiana. By coming this far, it s clear that you cherish the principle of one person, one vote a bedrock of our democracy. At the Brennan Center for Justice at New York University School of Law (BC) and the Lawyers Committee for Civil Rights Under Law (LCCR), we also cherish that principle and therefore work every day to preserve and protect the right to vote for every eligible citizen. Poll workers are an essential part of the voting process. Informed and engaged poll workers contribute to that process, benefit their communities, and help ensure the right to vote is not unduly impeded. Indeed, a lack of qualified poll workers (different from poll watchers) has been a serious impediment to voter access. When states face difficulties attracting and hiring qualified poll workers, polling places are often understaffed or mismanaged, resulting in long lines, the spreading of misinformation, and even incidents of bias and intimidation. Additionally, poll workers are often the only election officials with whom voters interact, so they play an important role in how voters experience and think about the voting process. To address these issues, we have teamed up with the Association of Pro Bono Counsel (APBCo) to create state-specific guides to encourage qualified candidates to become poll workers poll workers who know the relevant laws and processes, how to assist and troubleshoot effectively, and how to help voters have a positive experience on Election Day. This toolkit for Indiana provides an overview of the process for becoming a poll worker. We hope it is useful to you as both a technical and practical guide, including pointers we have gleaned from experience. It is NOT a substitute for training materials provided by the state, county, or local government. Instead, it is meant to equip qualified people like you with the information you need to become a poll worker and enjoy the important job of serving your fellow voters well. We hope that this guide encourages you to join the movement and make a difference! We would like to thank WilmerHale for its invaluable contribution to the research and preparation of this guide. Without our pro bono volunteers, this guide would not be possible. 1

5 II. Overview of Indiana s Election System Indiana uses a system that is uniform throughout the state but relies on the county parties and boards of election to provide the 30,000 poll workers for 5,000 precincts. 1 During an election, each of these government units pays people, called poll workers, to work at the polls. Poll workers have a significant impact on the voting experience of Indianans. Ultimately, the poll workers are in charge of monitoring the polling place and the election process. Recruiting qualified candidates and training them properly is essential to minimizing mistakes, hassle, and wait time. However, a shortage of well-trained poll workers is common and can result in citizens being denied their constitutional right to self-governance and elected officials. The problem of poorly trained poll workers correlates with issues that occur in Indiana s polling places on Election Day, including: 2 in a May 2007 Marion County primary, approximately 150 poll workers did not show, a number of precincts opened late and five never opened. It was unclear how many voters were unable to cast ballots due to the missing poll workers. Voters being sent to more than one polling place The Associated Press (May 9, 2007) and still not being allowed to vote, or being asked to cast provisional ballots; Candidates for office and poll workers intimidating voters at polling places; Distribution of improper literature within 100 feet of the polls; Voting machine problems, confusion about how to mark ballots, or use of pencils instead of pens to mark ballots; Misuse of paper ballots when voting machines malfunctioned; Poll workers denying voters the ability to vote by provisional ballot; Lack of adequate accommodations for voters with disabilities; Poll workers failing to show up and denying voters the right to vote; The importance of poll workers role cannot be overstated. This job is vital to the voting process and essential to the well-being of our democracy. Accordingly, well-trained qualified poll workers are severely needed. This Indiana Poll Worker Toolkit will present you with an easy guide on how to become an Indiana poll worker: Part III gives you an example of the roles and duties of poll workers on Election Day. In addition, it details the necessary qualifications needed to become a poll worker under Indiana election law. Part IV describes the process for applying to be a poll worker. Part V outlines the process after you file the application to become a poll worker. This includes how to make sure your application is properly filed, tips to overcome objections, and the timeline of the appointment process. Part VI provides numerous available resources for poll worker training. Part VII describes steps a poll worker should take to make voters feel more comfortable in the polling place. 2

6 III. Description of Roles a. Qualifications You must be a qualified and registered voter of the state of Indiana. The requirements in order to register to vote are: 3 A citizen of the United States; TO BE AN INDIANA POLL 18 years of age or older; WORKER: An Indiana resident for at least 30 days; AND Not be currently imprisoned for a crime You must: You must have sufficient education and clerical ability to perform the duties of the office. Must be able to read, write, and speak the English language 4 You must complete training conducted by the county or precinct or complete a course through the Secretary of State s website. 5 Election Live Statute A student under the age of 18 can also help at the polling place on Election Day. The requirements are: 6 Is sixteen (16) or seventeen (17) years of age. Has a cumulative grade point average of at least 3.0 on a 4.0 scale. Has a written approval from their principal or, if the student is educated at home, the approval of the individual responsible for the education of the student. Has the approval of their parent or guardian. Is a citizen of the United States and a resident of the county in which they wish to work on Election Day. Must satisfactorily complete any training required by the county election board and is otherwise eligible to serve as a poll worker. Be a qualified and registered voter of Indiana Be a resident of the county that you wish to work for Be an adult or qualify under a special poll worker exemption Willingly declare your political party affiliation Call your county board of election and submit an application as required by each county Be appointed by your party or local County Board of Elections Receive a training by your local county or complete online course provided by the state Not have bet on election results Disqualifications: Be able to speak, read and write in the English language You are ineligible to serve as a poll worker if you have property bet or wagered on election results. 7 You may not be an inspector if you are the chairman or the treasurer of the committee for a candidate on ballot. 8 No candidates or candidate s relatives by birth, marriage, or adoption, unless the candidate is running unopposed may serve as a poll worker. 9 You will not be permitted to serve as a poll worker if you failed to attend training. 10 3

7 b. Categories of Poll Workers/ Responsibilities and Duties There are a variety of different roles of poll workers and there are multiple duties for each worker. The positions are largely filled by the parties and failing that depend on the County Board of Elections to fill the remainder. The following are the categories of poll workers in the State of Indiana: The Inspector The inspector is the manager of the precinct and serves on the precinct election board. 11 They have a much longer and more involved role in the election process as noted by their numerous duties before and after Election Day. Consequentially, some counties pay a larger salary for inspectors than for other roles. 12 The state requires in person training of the inspectors, as the precincts heavily depend on them. 13 o An Inspector will be charged with: 14 Asking voters to provide photo ID Challenging voters and accepting voter challenges when a voter is not eligible to vote in the precinct Picking up the election supplies prior to the election Administering oaths to the other poll workers in his precinct Announcing the opening and closing of the polling place Providing for meals for the other poll workers on Election Day Making sure that all absentee ballots are properly counted Returning all election supplies after the election has concluded The Judges There are two judges in each precinct one from each party. The judges are members of the precinct board and assist the inspector in making decisions on matters coming before the board, and in processing absentee ballots for that precinct. 15 o A judge has the ability to: 16 Ask voters to provide photo ID Provide assistance to voters with disabilities or voters unable or literacy issues when requested Accompany the inspector in returning election supplies to the county election board provided that they are from a different political party Poll Clerks and Assistant Poll Clerks 4

8 Most poll workers start as a poll clerk before working up to one of the other positions. The main function of poll clerks is recordkeeping and ballot control. Poll clerks may assist voters in the process of signing the poll list and provide recordkeeping at the polling place. 17 o A poll clerk has the responsibility to: 18 Ask voters to provide photo ID or to provide or update their voter identification number Ask voters to provide documentation to verify the voter s residence. Initial each ballot and/or secrecy envelope Ensure the voter has been given the proper ballot and party identification card during primary elections The Election Sheriffs The sheriffs are charged with keeping order at the polling place and directing voters to the proper checkpoint. 19 o Election Sheriffs have the ability to: 20 Ask voters to provide photo ID or to provide or update their voter identification number Regularly check the polling place to make sure that no unauthorized literature or other prohibited items are present Contact local police officials if a situation occurs where a voter or other person at the polling place commits a crime c. Party Affiliation and Appointment of Positions Party affiliation is not required, but workers can be nominated by political parties. 21 County chairmen of the major political parties can nominate poll workers no later than 21 days before an election. 22 Other than for the Inspector position, poll workers may be nominated for half-day shifts, as long as a concurrent nomination is made for the second half of the day. 23 If a County chairman of the major political parties fails to make timely nomination, the County Election Board may fill a poll worker position vacancy by majority vote of the county election board, beginning at noon 14 days before Election Day. 24 d. Terms of Office 5

9 The appointment of a poll worker and the swearing of an oath create a binding contract for the poll worker s services that expires when the canvass of the precinct is complete. Poll workers are nominated and chosen for each election. Training for these workers is provided by either the Secretary of State or local county office and must be completed the day before an election. Completed training results in a certificate that is good for four years. 25 An important note: Failure to show up for your scheduled shift as a poll worker is a Class D Felony 26 and can be prosecuted as such. If you feel you cannot perform the entire day, consider volunteering for a half-day shift, or make plans in order to meet your entire shift. If there is an unavoidable emergency, please contact your local election board and make arrangements as quickly as possible so they can properly staff the precinct. e. Compensation Compensation for the position ranges depending on the county in which you serve. 27 Part-time compensation is provided for workers who work half a day. A meal allowance or meal will be provided to workers. 28 Depending on the county, compensation can be up to $150 per day. 29 Some counties may pay even more depending on the role. For example, in Indianapolis, an inspector who works a full day at multiple precincts will be paid $165 (time and a half the regular rate) for their service. 30 IV. Application Process a. How to Apply Contact your county official in order to obtain a local application with your respective party for the county. Most parties have a county level application for you to fill out and confirm information. Within 21 days of the election the party will decide whether or not to nominate you. 31 Some parties require a full application and details of party involvement. Others have a much more informal process and will have a basic application with only eligibility information and affirming party registration. If no nominations are received from the parties for a position, the county election board will perform the nominating process. 32 Position, responsibilities, county, shift length all of these can affect your compensation. Ask your local county election board member for information. 6

10 Figure 1: Contact Info to Apply for Poll Worker Position for Each County in Indiana 33 7

11 b. Deadlines for Filing There is no specific statewide deadline for receiving applications of poll workers. Party nominations are submitted to the County Board of Elections 21 days prior to an election. 34 Therefore, you should submit your application in well in advance of this date to be considered. If there are not enough party nominations to fill every precinct, the local County Board of Elections then nominates candidates in order to fill the remainder of positions that are open. 35 V. After Applying a. Following Up JUST APPLY. Because the party nominates candidates to the board of elections, it is suggested that you locate a contact person within your local party. Involvement within your party on a local level whether by attending meetings, volunteering to distribute campaign material, or door knocking for local candidates will build your reputation within the party. This is a great way to follow up to help ensure that your local party takes your application seriously. 36 b. Overcoming Objections When filling out the application, take time to provide all requested information so that your application can be reviewed and approved without any issues. If you find something on the application form to be confusing, make sure to contact your local board of election office or local party contact to ensure the application is filled out correctly. If your party does not nominate you for one of the positions that is available, follow up with your local county board of elections. The party nominations will occur 21 days before the Election; so, if you are not nominated by then, reach out to your local county board of elections. They fill the remainder of open positions not nominated by a party. 37 8

12 VI. Training Resources a. Procedure Training Resources Training materials are provided by the Indiana Secretary of State (underneath Training Material ) at the following link: Election training certificates are provided upon the completion of training and remain good for 4 years. Training must be completed prior to Election Day. Training materials may also be provided by the county board of elections. Many counties have independent PowerPoint presentations for review. Every poll worker has access to and should have a physical Election Day handbook distributed at in person training. A copy of this handbook is also available online through the Secretary of State s website at the following link: Election Day Handbook.FINAL.pdf All training videos are available on YouTube and the Secretary of State s website for easy review. 38 All 11 chapters of the YouTube series are located at the following link: In-person training may be required for the inspector and other officials depending on the County Board of Election. 39 9

13 VII. Be a Proactive Poll Worker 40 A good poll worker is proactive and focused on the voter s experience. You should be sensitive to voters needs and treat every voter like a valued guest. When in doubt, err on the side of protecting the voters right to vote. If you are prepared, respectful, positive, attentive, and courteous, voters will come away satisfied and more eager to return for the next election. Be Prepared Preparation is key to ensure Election Day runs smoothly at your polling place. One of the most common voter complaints on Election Day is the long line at the polling place. You can significantly reduce this hassle through organization, anticipating issues, and quickly resolving problems as they arise. For example, a poll worker can be prepared by: Regularly checking the supplies (like ballots or pens) to prevent a shortage that would halt the voting process; Ensuring that entryways are not blocked; Researching available resources in advance; Having a cheat sheet with answers to frequently asked questions and references you can contact immediately for help; and Having alternatives at hand (what alternative IDs are valid, etc.). The Voter Is Your Guest: Be Prepared Be Respectful Be Positive Be Attentive Be Courteous Be Respectful Be respectful to each and every voter. Treat all voters with courtesy, regardless of differences in political affiliation, race, gender, age, ethnicity, or religion. The voter has the right to vote without feeling uncomfortable or discouraged. Be Positive The voter s experience, whether good or bad, is marked by your attitude. Work to de-escalate tension if there is confrontation or frustration. If you are supportive and solution-oriented, the voters will have a positive impression of the voting process. Be Attentive As is the case with any customer service, be attentive and responsive. If a voter seems confused, ask if he or she needs help. Be inquisitive, but not disruptive, to make sure voters who want assistance can get it quickly. But be mindful of cues that a voter may want some space. Be Courteous When the voters enter, offer a warm greeting, make eye contact, introduce yourself and let them know you are there to help. Welcome voters by name, if you know them. By making the voters feel valued, they will have a positive impression of the election process and will be more likely to return. 10

14 1 Indiana Poll Worker Information Guide 2018 Edition, at 2, Poll Worker Information Guide.pdf (last visited July 10, 2018). 2 Fallout from Marion County primary problems continues, The Associated Press as reported in The Wabash Plain Dealer, May 9, Ind. Code ; ; Voter Registration in Indiana, (last visited July 10, 2018). 4 Ind. Code (1). 5 Id (a). 6 Id Id (2). 8 Id (b). 9 Id (3) & (4). 10 Id (5). 11 Indiana Election Day Handbook 2018 Edition (revised Nov. 2017), at 1, 12 Policies for Paying Poll Workers 2018 Edition. (last visited July 10, 2018). 13 Ind. Code (b). 14 Indiana Election Day Handbook 2018 Edition (revised Nov. 2017), at 1, 15 Id. 16 Id. 17 Indiana Election Day Handbook 2018 Edition (Revised November 2017), at 2, 18 Id. 19 Id. 20 Id. 21 Ind. Code Id (a) & (b). 23 Id (b) & (c). 24 Id Id Jail time for no-show poll workers? WTHR Channel 13 filed by Sara Galer, May 11, 2007 (updated Apr. 15, 2016), 27 Ind. Code , Id Indiana Election Division, Work the Polls, (last visited July 10, 2018). 30 Policies for Paying Poll Workers 2018 Edition, Pages/Poll-Worker-Pay-Policy.aspx, (last visited July 10, 2018). 31 Ind, Code (a). 32 Id Indiana Poll Worker Information Guide (revised Nov. 2017), at 1, 34 Ind. Code (a) & (b). 35 Id Precinct Committeeperson and Activist Handbook & Resource Guide for Indiana Democratic Party at 18 (last visited July 10, 2018) 37 Ind. Code Poll Worker Training Chapter One (last visited July 10, 2018) 39 Ind. Code We credit BOARD OF ELECTIONS IN THE CITY OF NEW YORK, POLL WORKER S MANUAL 9-11 (2012) for many of the tips included here. Special thanks to Sharon Dolente, ACLU of Michigan, for her insight and direction on this section. 11