Bill Text: IN HB1242 | 2011 | Regular Session | Amended
Bill Title: Various election law matters.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-16 - SECTIONS 92 through 94 effective 07/01/2011 [HB1242 Detail]
Download: Indiana-2011-HB1242-Amended.html
Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-10;
IC 3-11; IC 3-13; IC 9-24; IC 36-2.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Elections and
Apportionment.
January 27, 2011, amended, reported _ Do Pass.
Digest Continued
governor to be filed not later than noon 74 days (rather than noon 50 days) before the date of the election. (9) Specifies that notice of a meeting to fill an early candidate vacancy must be filed not later than noon ten days before the meeting with the public official required to receive these notices. (10) Specifies that a certificate to fill certain early candidate vacancies must be filed not later than noon three days after the selection of the candidates. (11) Permits a county chairman of a political party to designate a person to preside over a meeting to fill an early candidate vacancy or a vacancy in a local office. (12) Makes other changes relating to filling candidate vacancies. (13) Repeals obsolete references concerning voting instructions, paper ballots, and special polling places. (14) Makes a technical correction.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(b) This section does not apply to an application for voter registration received while registration is closed under IC 3-7.
(c) Except as otherwise provided in this title, the election division, an election board, a circuit court clerk, a county voter registration office, or any other official responsible for receiving a filing under this title may not receive a filing that is offered to be filed after a deadline for the filing provided by this title.
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) After the state chairman of a
political party files a statement with the election division certifying that
the party's name has been changed in accordance with all applicable
party rules, a political party shall be known by the political party's new
name, and the party has all the rights it had under its former name.
(b) If the state chairman of a political party files a statement under
subsection (a) after the printing of ballots for use at an election
conducted under this title has begun, the election division or the
election board responsible for printing the ballots is not required to
alter the ballots to state the new name of the political party.
(1) The individual is at least sixteen (16) years of age but not
(2) The individual is a citizen of the United States.
(3) The individual is a resident of the county.
(4) The individual has a cumulative grade point average equivalent to not less than 3.0 on a 4.0 scale.
(5) The individual has the written approval of the principal of the school the individual attends at the time of the appointment or, if the student is educated in the home, the approval of the individual responsible for the education of the student.
(6) The individual has the approval of the individual's parent or legal guardian.
(7) The individual has satisfactorily completed any training required by the county election board.
(8) The individual otherwise is eligible to serve as a precinct election officer under this chapter.
(b) An individual appointed to a precinct election office or assistant under this section:
(1) must serve in a nonpartisan manner in accordance with the standards developed by the Help America Vote Foundation under 36 U.S.C. 152602; and
(2) while serving as a precinct election officer or assistant:
(A) is not required to obtain an employment certificate under IC 20-33-3; and
(B) is not subject to the limitations on time and duration of
employment under IC 20-33-3.
(b) Except as otherwise provided in this section, the parts and reports provided under this section may not include information described under section 8 of this chapter.
(c) The parts and reports may contain the information described in section 8 of this chapter if:
(1) the part or report is to be provided to an entity that:
(A) is described in section 6 of this chapter; and
(B) has previously submitted an application to the election division and paid any required fee to obtain the complete compilation; or
(2) the part or report is a purely statistical compilation that:
(A) includes the information described in section 8 of this chapter; and
(B) does not include any information:
(i) concerning an individual voter; or
(ii) that would permit the identification of an individual voter as a result of providing the compilation.
(d) The parts and reports provided under this section may not include the complete Social Security number of any individual.
(1) Lists of names and addresses of voters who were sent notices under the voter list maintenance program.
(2) Information concerning whether a voter has responded to a notice described by subdivision (1) as of the date the inspection of the record is made.
(b) The county voter registration office shall retain the records described by this section for at least two (2) years. Except for records concerning declinations to register to vote or that indicate the identity of a voter registration agency where a person registered, the county voter registration office shall make the records available for public inspection and photocopying at a reasonable cost as provided in
IC 5-14-3.
(c) In accordance with IC 5-14-3-3(g) IC 5-14-3-3(h) and
notwithstanding any other statute, a county voter registration office
shall, with regard to voter registration information concerning voters
of the county on a computerized system, act in accordance with a
nondiscriminatory uniform policy adopted by the county election
board. The policy must either permit a person to duplicate or obtain a
duplicate copy of a computer tape, computer disc, microfilm, or other
similar record system that contains this voter registration information
or not permit the person to duplicate or obtain a duplicate copy of the
information.
(d) A person who requests computerized voter registration
information under subsection (c) must provide a written statement that
the person will not:
(1) use the information to solicit merchandise, goods, services, or
subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information
obtained by the request to any other person;
for a purpose other than political activities or political fundraising
activities.
(e) Publication of information obtained under subsection (d) in a
news broadcast or newspaper is not prohibited.
(1) The county chairman of each major political party of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is on the ballot for the next election to be conducted in the county.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
registration office shall send a notice list of disfranchised voters
whose registrations have been canceled to the following upon
request:
(1) The county chairmen of the major political parties of the
county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is
on the ballot for the next general election to be conducted in
the county.
(b) A request filed under this section may state that the list is to
include only cancellations made by the county voter registration
office within a period specified in the request.
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee participating in a primary, general, or municipal election.
After that date, upon request the clerk or board shall report cancellations daily and within forty-eight (48) hours after the day on which the cancellations were made, until election day.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
(1) submits an application to register to vote by mail under IC 3-7-22; and
(2) has not previously voted in:
(A) a general election in Indiana (or a special election for federal office in Indiana); or
(B) a general election (or a special election for federal office) in the county where the individual has submitted an
application under this chapter if a statewide voter registration
system is not operational in accordance with the requirements
of IC 3-7-26.3 and 42 U.S.C. 15483 on the date the application
is was received by the county voter registration office after
December 31, 2002, and before January 1, 2006.
(b) This section does not apply to an individual who complies with
the requirements in any of the following:
(1) The individual submits an application to register to vote by
mail under this chapter and includes with that mailing a copy of:
(A) a current and valid photo identification; or
(B) a current utility bill, bank statement, government check,
paycheck, or government document;
that shows the name and residence address of the voter stated on
the voter registration application.
(2) The individual submits an application to register to vote by
mail under this chapter that includes:
(A) the individual's Indiana driver's license number; or
(B) the last four (4) digits of the individual's Social Security
number;
and the county voter registration office or election division
matches the information submitted by the applicant with an
existing Indiana identification record bearing the same number,
name, and date of birth set forth in the voter registration
application.
(3) The individual is an absent uniformed services voter or
overseas voter.
(4) The individual is entitled to vote other than in person under
the federal Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)) due to a determination by
the election division that a permanent or temporarily accessible
polling place cannot be provided for the individual.
(5) The individual is entitled to vote other than in person under
any other federal law.
(c) When a county voter registration office receives a voter
registration application by mail, the office shall determine whether the
applicant is subject to the requirements to provide additional
documentation under this section and 42 U.S.C. 15483.
(d) As required by 42 U.S.C. 15483, a county voter registration
office shall administer the requirements of this section in a uniform and
nondiscriminatory manner.
(e) If the county voter registration office determines that the
applicant:
(1) is not required to submit additional documentation under this section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application in accordance with section 5 of this chapter.
(f) If the county voter registration office determines that the applicant is required to submit additional documentation under this section and 42 U.S.C. 15483, the office shall process the application under section 5 of this chapter and, if the applicant is otherwise eligible to vote, add the information concerning this documentation to the voter's computerized registration entry under IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notation described in subsection (f) after the voter votes in an election for a federal office.
(b) The NVRA official shall notify the commission or agency that the commission or agency is required to supply the omitted information on an expedited basis to the county voter registration office.
(b) A properly completed voter registration application described in this section is subject to the same requirements that are applicable to a properly completed voter registration application from a voter described in section 1 of this chapter during the period ending on the twenty-ninth day before the election.
(1) naming or renaming streets;
(2) numbering or renumbering lots or structures; and
(3) converting rural route addresses to numbered addresses;
shall report the changes to the
(b) After the certification of a petition under this section, the county voter registration office may, upon the request of the candidate named in the petition, return the original petition to the candidate for filing with the secretary of state under section 5 of this chapter.
(b) After the certification of a petition under this section, the county voter registration office may, upon the request of the candidate named in the petition, return the original petition to the candidate for filing under section 5 of this chapter.
nomination executed under section 13 of this chapter must be signed
before a person authorized to administer oaths and certify the following
information:
(1) The name of the party, the town where the convention was
held, the date of the convention, and the date of the town election.
(2) The name, residence, and office of each candidate that was
nominated at the convention.
(3) That each candidate for town council resides in the ward for
which the person is a candidate.
(4) That each candidate is a registered voter of the town and
legally qualified to hold the office for which the person is a
candidate.
(5) (2) The title of the party that the candidates represent and the
device by which the candidates may be designated on the ballots
(a symbol to designate the party).
(6) (3) The signature and residence address of the presiding
officer and secretary of the convention.
(b) The certificate of nomination must be filed with the circuit court
clerk of the county where the convention was held.
(b) The petition of nomination must be accompanied by the following:
(1) The candidate's written consent to become a candidate.
(2) 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.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the candidate that the candidate has filed a campaign finance statement of organization under IC 3-9-1-5 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 for filing a petition for nomination under section 10 of this chapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by the candidate that the candidate is aware of the requirement 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.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a previous primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(6) A statement that each candidate is legally qualified to hold the office that the candidate seeks, including any applicable residency requirements and restrictions on service due to a criminal conviction.
(7) If the petition is filed with the secretary of state for an office not elected by the electorate of the whole state, a statement signed by the circuit court clerk of each county in the election district of the office sought by the individual.
(8) Any statement of economic interests required under IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district of the office sought by the individual filing the petition.
(d) The person with whom the petition of nomination must be filed under subsection (a) shall:
(1) determine whether a sufficient number of signatures as required by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures, certify the petition.
(B) If the petition has an insufficient number of signatures, deny the certification.
(e) The secretary of state shall, by noon
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office to the appropriate county.
(f) The commission shall provide that the form of a petition of nomination includes the following information near the separate signature required by subsection (b)(2):
(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.
(g) A candidate's consent to become a 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 consent to become a candidate. If there is a difference between the name on the candidate's consent to become a candidate and the name on the candidate's voter registration record, the officer with whom the consent to become a 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 consent to become a candidate.
(h) If the person with whom the petition was filed denies certification under subsection (d), the person shall notify the candidate immediately by certified mail.
(i) A candidate may contest the denial of certification under subsection (d) based on:
(1) the circuit court clerk's or board of registration's failure to certify, under section 8 of this chapter, qualified petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter that applies to questions concerning the validity of a petition of nomination.
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filed with the election division.
(b) Except as provided in subsection (c), the device may be any appropriate symbol.
(c) A political party or an independent candidate may not use any of the following as a device:
(1) A symbol that has previously been filed by a political party or candidate with the election division (or any of its predecessors).
(2) The coat of arms or seal of the state or of the United States.
(3) The national or state flag.
(4) Any other emblem common to the people.
(d) Not later than noon
(e) This subsection applies to a candidate or political party whose device is not filed with the election division under subsection (a) and is to be printed only on ballots to identify candidates for election to a local office. Not later than noon
(f) If a copy of the device is not filed in accordance with subsection (a) or (e), or unless a device is designated in accordance with section 26 or 27 of this chapter, the county election board or town election board is not required to use any device to designate the list of candidates.
(g) If a device is filed with the election division or an election board after the commencement of printing of ballots for use at an election conducted under this title, the election board responsible for printing the ballots is not required to alter the ballots to include the device filed under this subsection.
seventy-four (74) days before the date of the election.
(b) A candidate who:
(1) is:
(A) nominated for election; or
(B) a candidate for nomination; and
(2) changed the candidate's legal name after:
(A) the candidate has been nominated; or
(B) the candidate has become a candidate for nomination;
shall file a statement setting forth the former and current legal name of the candidate with the office where a declaration of candidacy or certificate of nomination for the office is required to be filed. If the final date and hour has not passed for filing a declaration of candidacy, consent for nomination, or declaration of intent to be a write-in candidate, the candidate must file the request for a change of name on the form prescribed by the commission for the declaration or consent.
(c) The statement filed under subsection (b) must also indicate the following:
(1) That the candidate has previously filed a change of name request with a county voter registration office so that the name set forth in the statement is identical to the candidate's name on the county voter registration record.
(2) How the candidate's legal name was changed.
(d) Upon the filing of the statement,
(b) The commission or a county election board may administratively disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or report with the election division.
(5) A regular party committee that has filed a statement or report
with the election division.
(d) A county election board has exclusive jurisdiction to disband
any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or
report with the election board, unless the political action
committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report
with the election board, unless the regular party committee has
also filed a report with the election division.
(e) The commission or a county election board may administratively
disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the
election division or county election board shall review the list of
committees that have filed statements of organization with the
division or board under this article.
(2) If the election division or county election board determines
both of the following, the election division or county election
board may begin a proceeding before the commission or board to
administratively disband the committee:
(A) The committee has not filed any report of expenditures
during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount
that does not exceed one thousand dollars ($1,000), if the
committee filed a report under this article.
(3) The election division or county election board shall provide
notice of the proceeding by certified mail to the last known
address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order administratively
dissolving the committee and waiving any outstanding civil
penalty previously imposed by the commission or board, if the
commission or board makes the following findings:
(A) There is no evidence that the committee continues to
receive contributions, make expenditures, or otherwise
function as a committee.
(B) The prudent use of public resources makes further efforts
to collect any outstanding civil penalty imposed against the
committee wasteful or unjust.
(C) (B) According to the best evidence available to the
commission or board, the dissolution of the committee will not
impair any contract or impede the collection of a debt or
judgment by any person.
(5) If the commission or board:
(A) administratively dissolves a committee under
subdivision (4); and
(B) finds that the prudent use of public resources makes
further efforts to collect any outstanding civil penalty
imposed against the committee wasteful or unjust;
the commission or board may also waive the outstanding civil
penalty previously imposed by the commission or board
against the committee.
(5) (6) The election division shall arrange for the publication in
the Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and the
name of the committee, but the board is not required to publish
the text of the order.
(6) (7) An order issued under this subsection takes effect
immediately upon its adoption, unless otherwise specified in the
order.
(f) If the chairman or treasurer of a committee wishes to disband the
committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from any:
(1) civil liability, including the liability of the committee's
chairman or treasurer for the payment of any debts incurred
by or on behalf of the committee; or
(2) criminal liability.
[EFFECTIVE JULY 1, 2011]: Sec. 31.2. (a) This subsection does not
apply if a recount or contest is being conducted in a county. The
county voter registration office shall complete the updating of the
registration record under section 31.1 of this chapter not later than
sixty (60) days after election day.
(b) If a recount or contest is being conducted in a county, the
county voter registration office shall complete the updating of the
registration record under section 31.1 of this chapter not later than
sixty (60) days after the completion of the recount or contest and
the issuance of an order under IC 3-12-6-22.5, IC 3-12-8-17,
IC 3-12-11-18, or IC 3-12-12-19.
(b) If the vote is to occur at a general election, the election division shall certify by noon
(1) A description of the precinct boundary in metes and bounds.
(2) One (1) or more aerial photographs that depict:
(A) each census block that is split; and
(B) the boundary of the precinct that splits each census block.
include the following:
(1) A description in metes and bounds that identifies the boundary
as that of a municipality, state legislative district, or municipal
legislative district.
(2) A notation on the map of the precinct indicating that the
boundary is that of a municipality, state legislative district, or
municipal legislative district.
(b) If a proposed precinct establishment order described by section
9 of this chapter includes a legal description of a boundary that follows
a visible feature, the order must include a description in metes and
bounds or an aerial photograph that identifies the visible feature that
forms the boundary.
(b) If the
(c) If a candidate entitled to be placed on the ballot changes the candidate's legal name after the printing of ballots and before the election, the candidate who has changed the candidate's legal name shall provide to the
twenty-nine (29) days before election day.
(b) The designation of a polling place under this section remains in
effect until:
(1) the location of the polling place is altered by an order of the
county executive or county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinct
established by the order.
(c) The county executive shall then file the report required by
section 6.5 of this chapter concerning polls that are inaccessible to
voters with disabilities.
(b) If it is necessary to change a place for voting after giving notice, notice of the change shall be given in the same manner. However, except as provided in subsection (c), a change may not be made within two (2) days before an election.
(c) If the county election board determines by a unanimous vote of the board's entire membership that the use of a polling place at an election would be dangerous or impossible, the county election board may order the relocation of the polling place during the final two (2) days before an election. The county election board shall give the best possible notice of this change to news media and the voters of the precinct. If an order is adopted under this subsection, the order expires after the election.
[EFFECTIVE JULY 1, 2011]: Sec. 31.6. Whenever a ballot card
voting system is used in a precinct and a ballot form prescribed by
this title refers to a voting mark, the county election board shall
approve voting instructions indicating that a specific type of
marking device is employed on the system to indicate a vote.
(b) The county may:
(1) print all offices and public questions on a single ballot label; and
(2) include a ballot variation code to ensure that the proper version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and of the same quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate or independent ticket (described in IC 3-11-2-6) nominated by petitioners must be listed on the ballot label with the name and device set forth on the certification or petition. The circle containing the device may be of any size that permits a voter to readily identify the device. IC 3-11-2-5 applies if the certification or petition does not include a name or device, or if the same device is selected by two (2) or more parties or petitioners.
(e) The ballot labels must list the offices on the general election ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Each office and public question may have a separate screen, or the offices and public questions may be listed in a continuous column either vertically or horizontally. However, school board offices, public questions concerning the retention of a justice or judge, local nonpartisan judicial offices, and local public questions shall be placed at the beginning of separate columns or pages.
(f) The name of each office must be printed in a uniform size in bold type. A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by subsection (f), the names of the candidates for each office must be grouped together in the following order:
(1) The major political party whose candidate received the highest number of votes in the county for secretary of state at the last election is listed first.
(2) The major political party whose candidate received the second highest number of votes in the county for secretary of state is listed second.
(3) All other political parties listed in the order that the parties' candidates for secretary of state finished in the last election are listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of state in the last election or a nominee is an independent candidate or independent ticket (described in IC 3-11-2-6), the party or candidate is listed after the parties described in subdivisions (1), (2), and (3).
(5) If more than one (1) political party or independent candidate or ticket described in subdivision (4) qualifies to be on the ballot, the parties, candidates, or tickets are listed in the order in which the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed in subdivisions (1) through (5), if required by law. A space for write-in voting for an office is not required if there are no declared write-in candidates for that office. However, procedures must be implemented to permit write-in voting for candidates for federal offices.
(7) The name of a write-in candidate may not be listed on the ballot.
(h) The names of the candidates grouped in the order established by subsection (g) must be printed in type with uniform capital letters and have a uniform space between each name. The name of the candidate's political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election to at-large seats on the fiscal or legislative body of a political subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking; and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be placed at the top or beginning of the ballot label before the first office is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c), and IC 3-11-2-10(d) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the voter to easily read the instructions.
(m) The ballot label must include a touch sensitive point or button for voting a straight political party or independent ticket (described in IC 3-11-2-6) by one (1) touch, and the touch sensitive point or button must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or independent ticket's name, the device of that party or ticket (described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size and type, and arranged in the order established by subsection (g) for listing candidates under each office. The instructions described in IC 3-11-2-10(b) for voting a straight party ticket and the statement concerning presidential electors required under IC 3-10-4-3 may be placed on the ballot label or in a location within the voting booth that permits the voter to easily read the instructions.
(n) A public question must be in the form described in IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not print
a ballot label that contains language concerning the public question
other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a
ballot label does not comply with the requirements imposed by this title
or contains another error or omission that might result in confusion or
mistakes by voters.
(1) the state chairman, or a person designated by the state chairman, for a caucus or committee acting under section 3, 4, 5, or 6(b) of this chapter; or
(2) the county chairman of the county in which the greatest percentage of the population of the election district is located, or an individual designated by the county chairman, for a caucus or committee acting under section 6(a) of this chapter.
(1) be in writing on a form prescribed by the commission;
(2) state the name of the chairman of the meeting;
(3) state the purpose of the meeting;
(4) state the date, time, and place of the meeting;
(5) be sent by first class mail, at least ten (10) days before the meeting, to all persons eligible to participate in the meeting; and
(6) be filed
this chapter.
(1) the chairman of the caucus or committee conducting a meeting under this chapter; and
(2) the official who is required to receive a certificate of candidate selection following the caucus under section 15 of this chapter;
at least seventy-two (72) hours before the time fixed for the caucus or committee meeting.
(b) A candidate's declaration of candidacy 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 candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy 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 candidacy.
(1) establish the
(2) select, by a majority vote of those casting a vote for a candidate, a person to fill the candidate vacancy described in the call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, the selection shall be conducted by secret ballot.
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(b) of this
chapter; or
(B) a committee acting under section 6(a) of this chapter to fill
a candidate vacancy in the office of judge of a circuit, superior,
probate, county, or small claims court or prosecuting attorney;
or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the primary election ballot as described in section 2 of this
chapter. The certificate required by subsection (a) shall be filed not
later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not described
by subsection (c). The certificate required by subsection (a) shall be
filed not more later than noon three (3) days (excluding Saturdays and
Sundays) after selection of the candidates.
(b) A person who desires to be a candidate to fill a vacancy under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus; and
(2) a statement of economic interests under IC 2-2.1-3-2 with the secretary of the senate or principal clerk of the house of representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the chairman and precinct committeemen may adopt rules of procedure that are necessary to conduct business.
(1) of the county in which the greatest percentage of the
population of the election district is located; and
(2) of the same political party that elected or selected the official
who vacated the office to be filled;
(or an individual designated by the county chairman) is the
chairman of a caucus held under this chapter. The chairman is not
eligible to vote in the caucus unless the chairman is also a member of
the caucus.
(1) Hand delivery to the county voter registration office.
(2) Delivery by the United States Postal Service, using first class mail.
(b) A county voter registration office:
(1) shall process a voter registration application transmitted in electronic format from a license branch; and
(2) is not required to receive the paper copy of a voter registration application from a license branch before:
(A) approving or denying the application; and
(B) mailing a notice of approval or denial to the applicant.
(1) Oaths necessary in the performance of the auditor's duties.
(2) The oath of office to an officer who receives the officer's certificate of appointment
(3) Oaths relating to the duty of an officer who receives the officer's certificate of appointment
(4) The oath of office to a member of the board of directors of a
solid waste management district established under IC 13-21 or
IC 13-9.5 (before its repeal).
(b) The auditor may take acknowledgments of deeds and mortgages
executed for the security of trust funds the auditor is required to lend.
; (11)HB1242.1.45. --> SECTION 45. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 3-5-4-6; IC 3-11-8-6.5; IC 3-11-11-1.5; IC 3-11-11-1.6.
