J. Bradley King, Co-Director STATE OF INDIANA: Angela M. Nussmeyer. Co-Director Indiana Election Division lndiene Election Division) 302 West Washington Street, Room E204 Indianapolis, Indiana 46204-2767 Phone: (317) 232-3939 Fax: (317) 233-6793, TO: COUNTY ELECTION OFFICIALS N Ses, Al FROM: J. BRADLEY KING AND ANGELA NUSSMEYER, CO-DIRECTORS DATE: October 13, 2020 RE: PERSONAL PROTECTIVE EQUIPMENT AND GENERAL ELECTION DAY The Election Division has recently received several inquiries regarding the use of Personal Protective Equipment (PPE) by county election officials, appointed absentee voter boards, poll workers, and voters as well as other contemplated preconditions for working the polls (or in other appointed positions, prior to Election Day) or casting a ballot in the November 3, 2020 general election. County election officials are encouraged to follow current CDC and state department of health guidelines regarding measures to reduce the spread of COVID-19. These guidelines include recommendations for elections personnel to use cloth face coverings or masks, wash hands at regular intervals (or absent a wash station, hand sanitizer with at least 60% alcohol), sanitize work areas and voting systems with approved disinfectants, require proper social distancing, and, when possible, use gloves when handling mail or other paper material. These guidelines are posted on the Election Division website here: https:/www.in.qov/sos/elections/files/COVID- 19%20Election%20GUIDANCE %20ONLY pdf. County Election Officials & Staff State law (IC 3-6-6-37) contemplates that individuals appointed to serve as an absentee voter board member, provisional ballot counter, central count team member, courier, or Election Day poll worker are considered to engage in contractual employment with the county election board when the individual accepts the appointment, This guidance contemplates all local election officials will adhere to the public health policies and best practices set forth in the guidelines unless their local health department provides alternative procedures. It is imperative that every person employed by the county election board create a safe and healthy work environment for full-time, part-time, or temporary staff, including but not limited to those appointed to be a member of an absentee voter board, central count team, courier, poll worker, or provisional ballot counter. Since employment law is outside the purview of IED, counties are advised to consult with their legal counsel concerning the required use PPE as a condition for employment (rather than a recommendation) and any accommodations to be made for those individuals who cannot wear PPE because of medical reasons, either documented or undocumented. For example, finding alternatives for latex gloves for a person with a latex allergy or using a face shield for a person unable to wear a cloth covering or mask over their nose and mouth,County election boards are asked to train their employees and appointed officials on the proper use of PPE and the adherence to CDC guidelines on Election Day. Indiana Voters State law sets forth the requirements for an individual to be considered @ qualified voter of the precinct to vote in an election. These reasons do not include wearing a mask or cloth face covering, respecting social distancing guidelines, using gloves or other hand coverings, washing hands or using hand sanitizer at any point in the voting process, or having a temperature in a “normal” range While voters are strongly encouraged to follow CDC guidelines such as wearing cloth face coverings and socially distance when in public spaces, coughing or sneezing into their elbow, and regularly washing hands with soap and water (or use hand sanitizer), in the view of the Election Division, these cannot be pre-conditions for a voter to cast their ballot on Election Day or to submit their absentee ballot by travel board or in-person at the clerk's office or other satellite early voting location. To do so would infringe on the federal and state constitutional rights afforded to a voter. Additionally, the county election board does not have home rule authority to prescribe adcitional requirements for a voter to cast their ballot in-person, To be clear - the Indiana Election Division encourages all persons — poll workers and voters — to follow current CDC, State of Indiana, and local Department of Health guidelines in order to foster safe conditions at early voting or election day polling locations. All persons should be respecttul of poll workers and others in the voting area, who are doing their best to adhere to public health guidelines. Please also be mindful some voters may voluntarily be wearing cloth face coverings or masks when voting in-person absentee, by traveling board, and on Election Day. Poll workers and other voters should be respectful of this choice and allow the voter to wear their face covering throughout the check- in and voting process. However, voters should not be permitted to wear masks or other PPE that expresses support of disapproval of a particular candidate, party, or public question per Indiana's electioneering laws. Applications to vote absentee by-mail are due not later than October 22, 2020; absentee-by-mail ballots are due by noon on November 3, 2020. Applications to vote by traveling board are due by noon, November 2, 2020, and appointments can be made as late as November 2 with some emergency exceptions on November 3, 2020. POLITICAL VOLUNTEERS & CREDENTIALED PERSONS Political parties and candidate volunteers often gather in areas outside of the designated chute at Election Day polling locations to speak with and hand out political handbills to voters before voters go into the polling location to cast their ballot. While we hope these volunteers will adhere to the public health recommendations mentioned above , the county election board, county commissioners (oF official who serves as the county executive), and the circuit court clerk do not have the power to ban these volunteers from being outside of the chute at a polling location. A voter, though, has every right to not engage with these volunteers and ask these volunteers not to come within 6 feet of the voter. A voter who feels harassed, endangered, or otherwise harmed by a volunteer not heeding to their request should direct these matters to local law enforcement. Please remember that people other than poll workers and voters are allowed to enter into the polling location, satellite absentee voting location, absentee central count site, and provisional ballot counting site, if properly credentialed.These include pollbook holders and challengers at the polls on election day, political party and media appointed watchers at the polls on election day, at a satellite absentee voting location establish by the county election board under IC 3-11-10-26.3, at an absentee central count location designated by the county election board under IC 3-11.5-6-3, and at a site where provisional ballots are counted under IC 3-11.7. ‘Any of these people who are properly credentialed must be allowed to enter to the polling location. while it is recommended that these credentialed persons follow the recommended guidelines, there is nothing in the ‘state election code that allows a county election board, board of county commissioners (or official who serves as the county executive), or the circuit court clerk to impose additional requirements for these people in order for them to enter that location,