Introduced Version
HOUSE BILL No. 1112
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-54; IC 3-8; IC 3-9.
Synopsis: Write-in candidates. Provides that a write-in candidate may
not be affiliated with a political party. Provides that a person may not
knowingly or intentionally authorize, finance, sponsor, or participate
in the preparation, distribution, or broadcast of paid political
advertising or campaign material that represents that a write-in
candidate in any election is affiliated with a political party. Provides
certain exceptions to this prohibition, and provides civil penalties for
violations.
Effective: July 1, 2013.
Hamm, Cherry
January 8, 2013, read first time and referred to Committee on Elections and
Apportionment.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1112
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-2-54; (13)IN1112.1.1. -->
SECTION 1. IC 3-5-2-54 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 54. "Write-in candidate" means a
refers to an independent candidate:
(1) who has filed a declaration of intent to be a write-in candidate;
and
(2) whose declaration of intent to be a write-in candidate has been
accepted by the appropriate authority under IC 3-8-2-5 and
IC 3-8-2-6.
SOURCE: IC 3-8-2-2.5; (13)IN1112.1.2. -->
SECTION 2. IC 3-8-2-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) A person who
desires to be a write-in candidate for a federal, state, legislative, or
local office or school board office in a general, municipal, or school
board election must file a declaration of intent to be a write-in
candidate with the officer with whom declaration of candidacy must be
filed under sections 5 and 6 of this chapter.
(b) The declaration of intent to be a write-in candidate required
under subsection (a) must be signed before a person authorized to
administer oaths and must certify the following information:
(1) The candidate's name must be printed or typewritten as:
(A) the candidate wants the candidate's name to be certified;
and
(B) the candidate's name is permitted to appear under IC 3-5-7.
(2) A statement that the candidate is a registered voter and the
location of the candidate's precinct and township (or ward and
city or town), county, and state.
(3) The candidate's complete residence address, and if the
candidate's mailing address is different from the residence
address, the mailing address.
(4) The candidate's party affiliation or A statement that the
candidate is an independent candidate (not affiliated with any
party). For purposes of this subdivision, a candidate is affiliated
with a political party only if the candidate satisfies section 7(a)(4)
of this chapter.
(5) A statement of the candidate's intention to be a write-in
candidate, the name of the office, including the district, and the
date and type of election.
(6) If the candidate is a candidate for the office of President or
Vice President of the United States, a statement declaring the
names of the individuals who have consented and are eligible to
be the candidate's candidates for presidential electors.
(7) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign
finance and the reporting of campaign contributions and
expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this
subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state or local office in a previous
primary or general election; and
(B) filed all reports required by IC 3-9-5-10 for all previous
candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the
candidate has filed a campaign finance statement of organization
for the candidate's principal committee or is aware that the
candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date
to file the declaration of intent to be a write-in candidate under
section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement that
the candidate is required to file a campaign finance statement of
organization under IC 3-9 after the first of either of the following
occurs:
(A) The candidate receives more than five hundred dollars
($500) in contributions.
(B) The candidate makes more than five hundred dollars
($500) in expenditures.
(11) A statement that the candidate complies with all
requirements under the laws of Indiana to be a candidate for the
above named office, including any applicable residency
requirements, and that the candidate is not ineligible to be a
candidate due to a criminal conviction that would prohibit the
candidate from serving in the office.
(12) The candidate's signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-in
candidate, the write-in candidate is considered a candidate for all
purposes.
(d) A write-in candidate must comply with the requirements under
IC 3-8-1 that apply to the office to which the write-in candidate seeks
election.
(e) A person may not be a write-in candidate in a contest for
nomination or for election to a political party office.
(f) A write-in candidate for the office of President or Vice President
of the United States must list at least one (1) candidate for presidential
elector and may not list more than the total number of presidential
electors to be chosen in Indiana.
(g) The commission shall provide that the form of a declaration of
intent to be a write-in candidate includes the following information
near the separate signature required by subsection (b)(7):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under
IC 3-9.
(h) A declaration of intent to be a write-in candidate must include
a statement that the candidate requests the name on the candidate's
voter registration record be the same as the name the candidate uses on
the declaration of intent to be a write-in candidate. If there is a
difference between the name on the candidate's declaration of intent to
be a write-in candidate and the name on the candidate's voter
registration record, the officer with whom the declaration of intent to
be a write-in candidate is filed shall forward the information to the
voter registration officer of the appropriate county as required by
IC 3-5-7-6(e). The voter registration officer of the appropriate county
shall change the name on the candidate's voter registration record to be
the same as the name on the candidate's declaration of intent to be a
write-in candidate.
SOURCE: IC 3-8-2-12.5; (13)IN1112.1.3. -->
SECTION 3. IC 3-8-2-12.5 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 12.5. (a) This section applies to a declaration of intent to be
a write-in candidate in which the candidate states that the candidate is
affiliated with the political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition of
nomination under IC 3-8-6; or
(3) whose name would result in voter confusion due to its
similarity with the name of a political party described in
subdivision (1) or (2);
a registered voter of the election district may question the validity of
the filing in accordance with IC 3-8-1-2. The commission or county
election board shall determine the validity of the questioned filing
under section 14 or section 18 of this chapter.
(c) Following the filing of a question under subsection (b) and not
later than the deadline for resolution of a question concerning a
candidacy under section 14 or section 18 of this chapter, a candidate
may file a written amendment to the declaration to alter the name of the
political party or to indicate that the candidate is independent.
(d) If:
(1) the commission or county election board determines that the
candidate's stated party affiliation is described under subsection
(c); and
(2) the candidate does not file an amendment under subsection
(d);
the commission or board shall deny the filing.
SOURCE: IC 3-8-7-30; (13)IN1112.1.4. -->
SECTION 4. IC 3-8-7-30 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 30. (a) Not later than noon August
1, the election division shall certify to each county election board
(1) the name of each individual who filed a declaration of intent
to be a write-in candidate with the election division.
and
(2) any political party that the individual is affiliated with, or
whether the individual is an independent candidate.
(b) This subsection applies to a county that does not use a central
location to tally ballot card votes. The circuit court clerk shall provide
a copy of the certification under this section to the inspector of each
precinct, with instructions concerning the counting of write-in votes for
declared write-in candidates.
SOURCE: IC 3-9-3-6; (13)IN1112.1.5. -->
SECTION 5. IC 3-9-3-6 IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2013]: Sec. 6. (a) This section does not apply to the following:
(1) A communication relating to an election to a federal office.
(2) A person whose sole act is, in the normal course of
business, participating in the preparation, printing,
distribution, or broadcast of the advertising or material
containing the representation.
(b) A person may not knowingly or intentionally authorize,
finance, sponsor, or participate in the preparation, distribution, or
broadcast of paid political advertising or campaign material that
represents that a write-in candidate in any election is affiliated
with a political party.
SOURCE: IC 3-9-4-16; (13)IN1112.1.6. -->
SECTION 6. IC 3-9-4-16, AS AMENDED BY P.L.225-2011,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 16. (a) In addition to any other penalty imposed,
a person who does any of the following is subject to a civil penalty
under this section:
(1) Fails to file with the election division a report in the manner
required under IC 3-9-5.
(2) Fails to file a statement of organization required under
IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or
expends money or other property for any political purpose before
the money or other property has passed through the hands of the
treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this
article or to a person authorized by law or a committee to receive
contributions on the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the
limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of
another person.
(8) Is not the treasurer of a committee subject to this article, and
pays any expenses of an election or a caucus except as authorized
by this article.
(9) Commingles the funds of a committee with the personal funds
of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of
IC 3-9-3-4.
(11) Violates IC 3-9-2-12.
(12) Fails to designate a contribution as required by IC 3-9-2-5(c).
(13) Violates IC 3-9-3-5
or IC 3-9-3-6.
(14) Serves as a treasurer of a committee in violation of any of the
following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(15) Fails to comply with section 4(d) of this chapter.
(16) Violates IC 3-9-3-2.5 by making a communication that
contains a disclaimer that is not presented in a clear and
conspicuous manner required by IC 3-9-3-2.5(d) and
IC 3-9-3-2.5(e). This subdivision does not apply to a person
whose sole act is, in the normal course of business, participating
in the preparation, printing, distribution, or broadcast of the
communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the commission determines that a person failed to file the
amended report or statement of organization not later than noon five (5)
days after being given notice under section 14 of this chapter, the
commission may assess a civil penalty. The penalty is ten dollars ($10)
for each day the report is late after the expiration of the five (5) day
period, not to exceed one hundred dollars ($100) plus any investigative
costs incurred and documented by the election division. The civil
penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for a delinquent report or
statement. If the commission determines that a person failed to file the
report or statement of organization by the deadline prescribed under
this article, the commission shall assess a civil penalty. The penalty is
fifty dollars ($50) for each day the report or statement is late, with the
afternoon of the final date for filing the report or statement being
calculated as the first day. The civil penalty under this subsection may
not exceed one thousand dollars ($1,000) plus any investigative costs
incurred and documented by the election division. The civil penalty
limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the commission determines that a person is subject to a civil
penalty under subsection (a), the commission may assess a civil penalty
of not more than one thousand dollars ($1,000), plus any investigative
costs incurred and documented by the election division.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the commission determines that a
person is subject to a civil penalty under subsection (a)(5), the
commission may assess a civil penalty of not more than three (3) times
the amount of the contribution in excess of the limit prescribed by
IC 3-9-2-4, plus any investigative costs incurred and documented by
the election division.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the commission determines that a
candidate or the candidate's committee has violated IC 3-9-2-12, the
commission shall assess a civil penalty equal to the greater of the
following, plus any investigative costs incurred and documented by the
election division:
(1) Two (2) times the amount of any contributions received.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the commission determines that a
corporation or a labor organization has failed to designate a
contribution in violation of IC 3-9-2-5(c), the commission shall assess
a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the election division:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has violated IC 3-9-3-5 or IC 3-9-3-6, the commission may
assess a civil penalty of not more than five hundred dollars ($500), plus
any investigative costs incurred and documented by the election
division.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the commission determines, by
unanimous vote of the entire membership of the commission, that a
person has served as the treasurer of a committee in violation of any of
the statutes listed in subsection (a)(14), the commission may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the election division.
(j) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(15). The commission may assess a civil
penalty equal to the costs incurred by the election division for the
manual entry of the data contained in the report or statement, plus any
investigative costs incurred and documented by the election division.
(k) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(16). If the commission determines that a
person is subject to a civil penalty under subsection (a)(16), the
commission may assess a civil penalty of not more than one thousand
dollars ($1,000) for each communication circulated or published (but
not for each of the copies of the communication actually circulated or
published), plus any investigative costs incurred and documented by
the election division.
(l) All civil penalties collected under this section shall be deposited
with the treasurer of state in the campaign finance enforcement
account.
(m) Proceedings of the commission under this section are subject to
IC 4-21.5.
SOURCE: IC 3-9-4-17; (13)IN1112.1.7. -->
SECTION 7. IC 3-9-4-17, AS AMENDED BY P.L.225-2011,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 17. (a) In addition to any other penalty imposed,
a person who does any of the following is subject to a civil penalty
under this section:
(1) Fails to file with a county election board a report in the
manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under
IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or
expends money or other property for any political purpose before
the money or other property has passed through the hands of the
treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this
article or to a person authorized by law or a committee to receive
contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the
limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of
another person.
(8) Is not the treasurer of a committee subject to this article, and
pays any expenses of an election or a caucus except as authorized
by this article.
(9) Commingles the funds of a committee with the personal funds
of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of
IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5
or IC 3-9-3-6.
(13) Serves as a treasurer of a committee in violation of any of the
following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(14) Violates IC 3-9-3-2.5 by making a communication that
contains a disclaimer that is not presented in a clear and
conspicuous manner, as required by IC 3-9-3-2.5(d) and
IC 3-9-3-2.5(e). This subdivision does not apply to a person
whose sole act is, in the normal course of business, participating
in the preparation, printing, distribution, or broadcast of the
communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the county election board determines that a person failed
to file the report or a statement of organization not later than noon five
(5) days after being given notice under section 14 of this chapter, the
county election board may assess a civil penalty. The penalty is ten
dollars ($10) for each day the report is late after the expiration of the
five (5) day period, not to exceed one hundred dollars ($100) plus any
investigative costs incurred and documented by the board. The civil
penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for a delinquent report or
statement. If the county election board determines that a person failed
to file the report or statement of organization by the deadline prescribed
under this article, the board shall assess a civil penalty. The penalty is
fifty dollars ($50) for each day the report is late, with the afternoon of
the final date for filing the report or statement being calculated as the
first day. The civil penalty under this subsection may not exceed one
thousand dollars ($1,000) plus any investigative costs incurred and
documented by the board. The civil penalty limit under this subsection
applies to each report separately.
(d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the county election board determines that a person is subject
to a civil penalty under subsection (a), the board may assess a civil
penalty of not more than one thousand dollars ($1,000), plus any
investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the county election board determines
that a person is subject to a civil penalty under subsection (a)(5), the
board may assess a civil penalty of not more than three (3) times the
amount of the contribution in excess of the limit prescribed by
IC 3-9-2-4, plus any investigative costs incurred and documented by
the board.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the county election board
determines that a corporation or a labor organization has failed to
designate a contribution in violation of IC 3-9-2-5(c), the board shall
assess a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has violated IC 3-9-3-5 or IC 3-9-3-6, the board may
assess a civil penalty of not more than five hundred dollars ($500), plus
any investigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has served as the treasurer of a committee in violation of
any of the statutes listed in subsection (a)(13), the board may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the board determines that a person
is subject to a civil penalty under subsection (a)(14), the board may
assess a civil penalty of not more than one thousand dollars ($1,000)
for each communication circulated or published (but not for each of the
copies of the communication actually circulated or published), plus any
investigative costs incurred and documented by the election division.
(j) All civil penalties collected under this section shall be deposited
with the county treasurer to be deposited by the county treasurer in a
separate account to be known as the campaign finance enforcement
account. The funds in the account are available, with the approval of
the county fiscal body, to augment and supplement the funds
appropriated for the administration of this article.
(k) Money in the campaign finance enforcement account does not
revert to the county general fund at the end of a county fiscal year.
(l) Proceedings of the county election board under this section are
subject to IC 4-21.5.