Precincts, Districts and Annexation

Let’s Start with Definitions Precincts: Areas established for election

purposes

Election Districts: Areas used to determine which offices a voter is entitled to vote for and candidate residence qualification Examples: State legislative district, county

council district or town council district

Annexation: A legal process whereby a city or town expands its boundaries

Precincts, Districts and Annexation

Who Establishes Precincts?

Precincts are established by the following people:

The County Commissioners

and

The Indiana Election Division (IED) and, in some cases, the Indiana Election Commission

Precincts, Districts and Annexation

What is the Process for Establishing Precincts?

The County Commissioners propose a precinct establishment order

IED must approve precincts after staff and OCD review before the changes may become final

Indiana Election Commission (IEC) must approve the proposed precincts if a county voter files a timely objection after IED approval

IEC may approve precinct changes if not sufficient time remains for 10 day legal notice.

Precincts, Districts and Annexation

What is the Process for Establishing Precincts?

Establishing precincts requires the proper paperworkOrder from the County CommissionersCompleted IEC-8s describing precinct

changes

Establishing precincts involves several steps but the IED can help with sample forms and technical assistance IED will assign a precinct coordinator (Lori or

Ryan) to help guide a county through the process

Precincts, Districts and Annexation

Who Establishes Precincts Precincts may not be established by any

other people or by any other process

Precinct boundaries are not “automatically” altered when the General Assembly or a county, municipality, or school district establishes new election districts.

Precincts are not “automatically” altered when a city or town annexes new territory.

Precincts, Districts and Annexation

Who Establishes Election Districts?

General Assembly must establish new congressional districts and new state legislative districts (Indiana Senate and Indiana House) in 2011 when census figures are certified

County Commissioners and County Council must establish their own election districts in 2011

Cities and towns must establish their own election districts in 2012

Precincts, Districts and Annexation

District Changes and Precincts Some changes to precincts may be

required by law if new election districts split precincts A precinct may not cross a congressional, state

senate or state house district boundary

If the 2011 redistricting of these boundaries split your precincts, then you will be required to establish new precinct to avoid the split

A county will be required to modify voter registrations to account for district & precinct changes

Precincts, Districts and Annexation

Don’t Panic……at least not yet

Precincts, Districts and Annexation

District Changes and Precincts

When establishing precincts your precincts MUST follow these boundaries and may NEVER cross these boundaries:

No precinct may cross a congressional, state legislative or township boundary

No precinct may cross the state boundary or a county boundary (duh!) or a township boundary

Precincts, Districts and Annexation

District Changes and Precincts When not following mandatory boundaries,

precincts must follow at least one of the following: Census block boundary (small areas of land

created by census bureau for census purposes) City or town boundary, such as council districts School corporation boundary

A Precinct is not required to follow a city or town boundary if it follows another boundary listed (census block, for example)

Precincts, Districts and Annexation

Annexation A city or town may annex at any time by

adopting an ordinance In general, an annexation is final 90-days

following legal publication of the ordinance, if no court challenge (remonstrance) is filed

If remonstrance is filed, the court will determine if and when annexation is final IC 36-4-3-11

Annexation ordinances must be filed with the circuit court clerk and board of registration IC 36-4-3-22

Precincts, Districts and Annexation

Annexation

Annexation ordinance must assign annexed area to council district in a city or town (if any)

Voters in annexed area are eligible to vote in city or town elections once the annexation is final IC 3-11-1.5-33

However, an annexation by a city or town does not “automatically” change any of your precinctsRemember- Only county commissioners and

IED or IEC can change precinct boundaries

Precincts, Districts and Annexation

Impact of Municipal Annexation on Elections

Your county may consider changing precincts in response to an annexation to help with administering elections for annexed city or town but county is not legally required to change precincts

Either way, an annexation will change the way a county administers the election for the city or town because the annexed voters are entitled to a city or town ballot

Precincts, Districts and Annexation

Precincts, Districts and Annexation

Impact of Municipal Annexation on Elections

The registration record of annexed voters must be amended in SVRS when annexation is final to show that the voter is entitled to a city or town ballot

If you have no city or town election until 2011 then this is not an immediate concern

If town has scheduled an election during a general election year like 2010 then a recent annexation or an annexation that occurs in 2010 may impact your election in 2010

Precincts, Districts and Annexation

Impact of Municipal Annexation on Elections

If you have a town election in 2010 impacted by an annexation you have the following choices after an annexation:

Change precincts (not required) so long as it is during the “open” period to change precincts OR

Administer the township precinct with newly annexed area as a split precinct identifying voters entitled to a town ballot on the poll book (can have voters vote with city precinct using same board per IC 3-11-8-4.3)

“Precinct Freezes”

When can you change precinct lines? Technically, at any time. But the EFFECTIVE DATE must not be during a “precinct freeze.”

Generally, freezes start on primary candidate filing day, and end after general election day.

Example: January 20, 2010 – November 2, 2010 is a freeze.

Precinct Freezes

Freeze ends November 3, 2010, and begins again February 1, 2011, but only for precincts wholly or partially within cities or towns.

Precincts outside of cities and towns not frozen in 2011.

So plan to take care of precinct changes due to municipal annexations during the Nov 2010 – Jan 2011 window. But remember 2011 redistricting could undo your work.

2012 is NOT the End of the World

Except in Hollywood.

Will be the first elections held after state and county level redistricting; a lot of cleanup.

Some disasters can be anticipated: candidate filing errors due to district changes.

But with your usual planning and diligence, no problems we can’t overcome!