January 20 1998 Meeting Minutes
INDIANA ELECTION COMMISION MINUTES
JANUARY 20, 1998
MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission [IEC]; Warren Mathies, Proxy for S. Anthony Long, Vice-Chairman; Joseph M. Perkins, Jr.
MEMBERS ABSENT: S. Anthony Long, Vice-Chairman; Butch Morgan.
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; Lori Hershberger, Precincts and NVRA Coordinator; Bruce Northern, NVRA and Precincts Coordinator.
ALSO ATTENDING: Mr. Todd Rokita, General Counsel and Election Division Chief, Office of the Secretary of State.
Mr. Ed Conatser, Delaware County Commissioner; Ms. Wendy Davis, Marion County Election Board; Mr. John Feick, Delaware County Attorney; Ms. Mary Kuzma, Delaware County.
1. CALL TO ORDER AND OPENING REMARKS BY THE CHAIR:
The chair called the January 20, 1998 meeting of the Indiana Election Commission to order at 2:06 p.m. in Conference Center Room A, 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 an instrument had been filed with the Election Division on January 20, 1998, at 11:00 a.m., by Mr. Long naming Warren Mathies as his proxy for this Commission meeting. A copy of this document 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. Mathies to this meeting.
The chair stated that a quorum of the Commission (Mr. Cruea, Mr. Mathies, and Mr. Perkins) was present, and that Mr. Morgan was unavoidably absent.
2. APPROVAL OF DECEMBER 23, 1997 AND JANUARY 13, 1998 MINUTES:
The chair recognized Mr. King, who stated that these minutes had not been completed. The chair indicated that review and approval of these minutes would be deferred to the next Commission meeting.
Indiana Election Commission
January 20, 1998 Minutes
3. ORDER 1998-06: ABSENTEE BALLOT AND DECLARATION OF CANDIDACY FORMS AUTHORIZED TO BE USED IN MARION COUNTY:
The chair recognized Mr. King, who stated that Commission members had received a copy of Order 1998-06. He noted that at its December 23, 1997 meeting, the Commission voted to authorize the use of alternative versions of declaration of candidacy forms in Marion County to avoid duplication of the notarization on these forms.
Mr. King remarked that Order 1998-06 would formalize the Commission's approval of these declaration of candidacy forms, and would also authorize Marion County to use an ABS-1 absentee ballot application (State Form 42106) that contained the same text as the state approved version of this form, but which moved the text for mailing address or place of confinement information to a more convenient location on the form.
The chair recognized Ms. Wendy Davis from the Marion County Election Board, who stated that the volume of absentee ballot applications in Marion County (11,000 applications expected in the May 1998 primary) makes it desirable to have a larger space on the ABS-1 for the mailing address and place of confinement address, and to have this information in an easier-to-read location at the top of the form. She indicated that the other changes were cosmetic.
In response to a question from Mr. Mathies, Ms. Davis indicated that there are three check boxes on the state version of this form indicating the type of ballot the voter would wish to receive, and that this version of the ABS-1 contains one box for each of these categories. In response to a question from the chair, Mr. King stated that both the 8 1/2 by 11 inch and 8 1/2 by 14 inch version of the ABS-1 form had been approved by the Commission.
Mr. Cruea moved that Order 1998-06 be approved as submitted. Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with three members (Mr. Cruea, Mr. Mathies, and Mr. Perkins) voting "aye", no member voting "nay", and one member (Mr. Morgan) absent, the motion was adopted.
4. ESTABLISHMENT OF PRECINCT BOUNDARIES:
The chair recognized Mr. King, who stated that the Election Division had received two documents for entry into the record: (1) a letter dated January 16, 1998 from Sally Lasota and E. Kathy Heiser of the Lake County Combined Election Board, with an attached copy of Board Order No. 1-A and an Order Amending Order No. 1, formally approving the precinct changes in Lake County approved by the Commission at the January 13, 1998 meeting; and (2) a letter from Mr. B.A. Burgwold, dated January 15, 1998, concerning the proposed LaPorte County precinct changes, which was received this
Indiana Election Commission
January 20, 1998 Minutes
morning. In response to a question from the chair, Mr. King indicated that the Lake County order appeared to correct the technical errors discussed at the last Commission meeting concerning proposed precinct changes in Lake County. Mr. King remarked that Mr. Burgwold's letter set forth his objection to the Commission's refusal to approve the proposed precinct changes in LaPorte County at the Commission's last meeting, but indicates that LaPorte County does not intend to conduct another local hearing to attempt to resolve these issues. By consent of Commission members, copies of these documents were incorporated by reference into these minutes.
A. ORDER 1998-02 (PRECINCT BOUNDARY CHANGES IN DELAWARE COUNTY):
Mr. King submitted the following documents for the record in this case: (1) a six page facsimile transmission from former State Representative Hurley Goodall, which was received by the Election Division earlier today; (2) the original copy of Mr. Goodall's letter dated January 7, which was received after the January 13 Commission meeting due to an incorrect address on the envelope; (3) a two page original copy of an order of the Delaware County Commissioners, dated January 14, 1998; and (4) a two page facsimile transmission from Ed Conatser to Ms. Tippett, dated January 14, 1998. By consent of Commission members, copies of these documents were incorporated by reference into these minutes.
The chair asked if any individual wished to testify concerning this matter. Mr. King administered the oath to these witnesses.
The chair recognized Mr. Feick, who expressed his thanks to the Commission for meeting today to act concerning the Delaware County precinct changes. Mr. Feick stated that after the Commission's meeting on January 13, the Delaware County Commissioners conducted a public meeting on January 14 and adopted the proposed order concerning these precinct changes. He noted that the proposed order was filed with the Election Division on that day. In response to a question from Mr. Perkins, Mr. King indicated that a copy of the notice for the January 14 Commissioners meeting had been filed with the Election Division.
In response to a question from the chair, Mr. Northern stated that he had reviewed the proposed precinct changes, and found that the proposed changes would comply with state statute.
Mr. Cruea moved that Order 1998-02 be approved as submitted. Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with three members (Mr. Cruea, Mr. Mathies, and Mr. Perkins) voting "aye", no member voting "nay", and one member (Mr. Morgan) absent, the motion was adopted.
Indiana Election Commission
B. ORDER 1998-05 (PRECINCT BOUNDARY CHANGES IN MONROE COUNTY):
Mr. King submitted the following documents for the record in this case: (1) a memorandum dated January 13, 1998 to the Commission from Mr. David B. Schilling, Monroe County Attorney, concerning the notice given to the Democratic and Republican county chairmen concerning the proposed changes; and (2) Monroe County's proposed order, with attached legal descriptions and summary statements. Copies of these documents were incorporated by reference into these minutes. The chair asked if any person wished to speak regarding the proposed Monroe County changes. There was no response.
In response to a question from the chair, Ms. Hershberger stated that she had reviewed the proposed precinct changes, and found that the changes would comply with state statute. The chair noted that Monroe County had approved the proposed order before the last meeting, but there was a misunderstanding regarding this point.
Mr. Cruea moved that Order 1998-05 be approved as submitted. Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with three members (Mr. Cruea, Mr. Mathies, and Mr. Perkins) voting "aye", no member voting "nay", and one member (Mr. Morgan) absent, the motion was adopted.
5. ADJOURNMENT:
There being no further business to come before the Commission, Mr. Mathies moved, seconded by Mr. Perkins, that the Commission do now adjourn. The chair called the question and declared the motion adopted with three members (Mr. Cruea, Mr. Mathies, and Mr. Perkins) voting "aye", no member voting "nay", and one member (Mr. Morgan) absent, the motion was adopted. The Commission then adjourned at 2:17 p.m.
Respectfully Submitted,
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Laurie P. Christie Mary Ann Tippett
Co-Director Co-Director
APPROVED:
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