Bill Text: IN HB1274 | 2012 | Regular Session | Introduced
Bill Title: Candidate petitions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Elections and Apportionment [HB1274 Detail]
Download: Indiana-2012-HB1274-Introduced.html
Citations Affected: IC 3-8.
Synopsis: Candidate petitions. Requires that petitions for candidates
for the offices of United States Senator, governor, or President of the
United States precede the declarations of candidacy for those offices.
(Under current law, the petitions must accompany the declarations of
candidacy.) Requires that the information required under IC 3-8-6-12
precede a petition for nomination of an independent or minor political
party candidate. Provides that petitions may be submitted starting
November 29 of the year preceding the year in which the primary
election will be held. (Under current law, petitions may be filed starting
on the first date declarations of candidacy may be filed.) Specifies the
format for each page of a petition, including an affidavit signed by the
individual submitting the page that states that the individual has no
reason to doubt the authenticity of the signatures on that page.
Establishes procedures for the certification of petitioners as voters of
a county. Provides that, if a petition submitter does not properly
complete an affidavit for a petition page, the petitioners on that page
may not be certified. Requires the office or board certifying the
petitioners to transmit the petition not later than 48 hours after
certification to the election division by first class mail. Requires the
election division to place a time stamp on each page of the petition
upon receipt, to store all petitions received, and to maintain a log of
each person accessing the petitions. Requires the election division to
certify whether a candidate has met the minimum number of petitioners
required to accompany a declaration of candidacy not later than one
day after the declaration is filed. Requires the election division to notify
the candidate in writing if the election division denies the certification.
Permits any individual to contest the denial of the certification by filing
a sworn statement with the election division. Requires that the contest
must be determined by the election commission.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Elections and
Apportionment.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination under IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7, IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-2-12,
IC 3-8-3-6, or IC 3-8-6-12.
(b) The commission has jurisdiction to act under this section with
regard to any filing described in subsection (a) that was made with the
election division. Except for a filing under the jurisdiction of a town
election board, a county election board has jurisdiction to act under this
section with regard to any filing described in subsection (a) that was
made with the county election board, county voter registration office,
or the circuit court clerk. A town election board has jurisdiction to act
under this section with regard to any filing that was made with the
county election board, the county voter registration office, or the circuit
court clerk for nomination or election to a town office.
(c) Except as provided in subsection (e) or (f), before the
commission or election board acts under this section, a registered voter
of the election district that a candidate seeks to represent must file a
sworn statement with the election division or election board:
(1) questioning the eligibility of a candidate to seek the office;
and
(2) setting forth the facts known to the voter concerning this
question.
(d) The eligibility of a write-in candidate or a candidate nominated
by a convention, petition, or primary may not be challenged under this
section if the commission or board determines that all of the following
occurred:
(1) The eligibility of the candidate was challenged under this
section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit
before the nomination.
(3) This challenge would be based on substantially the same
grounds as the previous challenge to the candidate.
(e) Before the commission or election board can consider a contest
to the denial of a certification under IC 3-8-6-12, a candidate (or a
person acting on behalf of a candidate in accordance with state law)
must file a sworn statement with the election division or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the
basis for the contest.
(f) Before the commission may consider a contest to the denial
of a certification under IC 3-8-2-12 or IC 3-8-3-6, an individual
must file a sworn statement with the election division:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the individual supporting
the basis for the contest.
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15 or IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-2-12, IC 3-8-3-6, or IC 3-8-6-12.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued under IC 3-3-2 establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under IC 3-3.
(b) The petition described in subsection (a) must be
double-sided. The front of each page must include the signature
and other information required under section 8 of this chapter for
each petitioner. The bottom of the front of each page must include
the affidavit required by subsection (c). The back of each page
must include the county voter registration office certification
required by subsection (d)(1).
(c) An individual submitting a petition under section 10 of this
chapter shall, at the bottom of the front of each page of the
petition, sign and date an affidavit stating that the individual has
no reason to doubt the authenticity of the signatures on that page.
The commission shall prescribe the form of the affidavit.
(b) (d) The county voter registration office in the county where a
petitioner is registered must:
(1) certify whether each petitioner is a voter of the county; The
certification must accompany and be part of the petition. and
(2) enter each petitioner's name into the state computerized
voter registration list established under IC 3-7-26.3-3.
(e) An original signature of an official of the county voter
registration office is required as a part of the certification under
subsection (d)(1). Two (2) members of different political parties are
required to make the certification under subsection (d)(1) in a
county having either of the following:
(1) A board of registration established under IC 3-7-12.
(2) A combined board of elections and registration under
IC 3-6-5.2 or IC 3-6-5.4.
(f) If the affidavit required by subsection (c) is not properly
completed for a petition page, the county voter registration office
may not certify a petitioner whose name is on that page.
(g) If the back of a petition page does not include the form of
county voter registration office certification required by subsection
(b), the county voter registration office shall physically attach the
certification to the petition page.
(h) If no one in the county voter registration office is available
or able to sign the certification required by subsection (d)(1), the
individual who is responsible for the operation of the county voter
registration office shall designate in writing a proxy who is
authorized to sign the certification on behalf of the office and the
time at which the proxy's authorization will expire. The proxy's
designation must be filed with the county election board at a
meeting held immediately after the designation is made. The
county election board shall enter the proxy's designation in its
entirety into the board's minutes.
(b) Not later than forty-eight (48) hours after the certification of a petition under
(c) The election division shall store all petitions filed under this section in a secure manner, so that the petitions are accessible only with the coordinated action of both codirectors of the election division or their designees.
(d) The election division shall maintain a log for each set of petitions filed under this section. The log must include the printed name, signature, and date for each person accessing the petitions, including members of the public and the media, and employees of the election division.
(1) That the candidate has filed a declaration.
(2) The name of the candidate.
(3) The office for which the declarant is a candidate.
(4) The date on which the declaration was filed.
(b) This subsection applies to a declaration of candidacy for the office of United States Senator or the office of governor. Not later
than one (1) day after a person files a declaration of candidacy in
the office of the election division, the election division shall:
(1) tabulate the number of certified signatures on the petitions
for the candidate filed with the election division under section
10 of this chapter; and
(2) certify in writing whether the candidate has met the
minimum number of petitioners required under section 8 of
this chapter.
(c) If the election division determines that the candidate has not
met the minimum number of petitioners required under section 8
of this chapter, the election division shall immediately notify the
candidate in writing that the election division denies the
certification, including the reasons for the denial.
(1) the validity of a declaration filed with the secretary of state; or
(2) a denial of certification under section 12(c) of this chapter;
shall be referred to and determined by the commission in accordance with section 18 of this chapter. A statement questioning the validity of a declaration or the denial of certification must be filed with the election division under
(b) All questions concerning the validity of a declaration of candidacy filed with a circuit court clerk shall be referred to and determined by the county election board not later than noon sixty-eight (68) days before the date of the primary election. A statement questioning the validity of a declaration must be filed with the county election board under IC 3-8-1-2(c) not later than noon eighty-one (81) days before the date of the primary election.
(c) A question concerning the validity of a declaration of intent to be a write-in candidate shall be determined by the commission or the county election board not later than noon eighty-one (81) days before election day. A statement questioning the validity of a declaration of intent to be a write-in candidate must be filed with the election division or county election board under IC 3-8-1-2(c) not later than noon eighty-eight (88) days before election day.
(1) a declaration of candidacy; or
(2) a denial of certification under section 12(c) of this chapter;
not later than noon sixty-eight (68) days before the date of the primary election.
(b) The notice requirements set forth in IC 4-21.5 do not apply to the meeting conducted by the commission under subsection (a). The election division is required to give the best possible notice of the meeting to a person that the election division identifies as an interested party. Unless a written objection is filed with the election division before the end of the meeting, appearance in person or by counsel at the commission's meeting to act under subsection (a) constitutes an admission that adequate notice of the meeting has been given.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence
(c) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued under IC 3-3-2 establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under IC 3-3.
(b) The petition described in subsection (a) must be double-sided. The front of each page must include the signature and other information required under section 2 of this chapter for each petitioner. The bottom of the front of each page must include the affidavit required by subsection (c). The back of each page must include the county voter registration office certification required by subsection (d)(1).
(c) An individual submitting a petition under section 4 of this chapter shall, at the bottom of the front of each page of the petition, sign and date an affidavit stating that the individual has no reason to doubt the authenticity of the signatures on that page. The commission shall prescribe the form of the affidavit.
(1) certify whether each petitioner is a voter of the county;
(2) enter each petitioner's name into the state computerized voter registration list established under IC 3-7-26.3-3.
(e) An original signature of an official of the county voter registration office is required as a part of the certification under subsection (d)(1). Two (2) members of different political parties are required to make the certification under subsection (d)(1) in a county having either of the following:
(1) A board of registration established under IC 3-7-12.
(2) A combined board of elections and registration under IC 3-6-5.2 or IC 3-6-5.4.
(f) If the affidavit required by subsection (c) is not properly completed for a petition page, the county voter registration office may not certify a petitioner whose name is on that page.
(g) If the back of a petition page does not include the form of county voter registration office certification required by subsection (b), the county voter registration office shall physically attach the certification to the petition page.
(h) If no one in the county voter registration office is available or able to sign the certification required by subsection (d)(1), the individual who is responsible for the operation of the county voter registration office shall designate in writing a proxy who is authorized to sign the certification on behalf of the office and the time at which the proxy's authorization will expire. The proxy's designation must be filed with the county election board at a meeting held immediately after the designation is made. The county election board shall enter the proxy's designation in its entirety into the board's minutes.
chapter must be submitted to the county voter registration office during
the period beginning on the first date that a declaration of candidacy for
a primary election may be filed under IC 3-8-2-4 in November 29 of
the year preceding the year in which the primary election will be held
and ending at noon ten (10) days before the final date for filing a
declaration of candidacy under IC 3-8-2-4 for the primary election.
(b) Not later than forty-eight (48) hours 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 shall
copy both sides of each page of the petition and transmit the
original petition to the candidate election division by first class mail
for filing. under section 5 of this chapter. Immediately upon the
election division's receipt of the petition, the election division shall
file and place a time stamp on each page of the petition.
(c) The election division shall store all petitions filed under this
section in a secure manner, so that the petitions are accessible only
with the coordinated action of both codirectors of the election
division or their designees.
(d) The election division shall maintain a log for each set of
petitions filed under this section. The log must include the printed
name, signature, and date for each person accessing the petitions,
including members of the public and the media, and employees of
the election division.
(1) tabulate the number of certified signatures on the petitions for the candidate filed with the election division under section 4 of this chapter; and
(2) certify in writing whether the candidate has met the minimum number of petitioners required under section 2 of this chapter.
(b) If the election division determines that the candidate has not met the minimum number of petitioners required under section 2 of this chapter, the election division shall immediately notify the candidate in writing that the election division denies the certification, including the reasons for the denial.
(c) All questions concerning denial of certification under subsection (b) shall be referred to and determined by the commission in accordance with IC 3-8-2-18. A statement questioning the denial of certification must be filed with the
election division under IC 3-8-1-2.
(d) Not later than one (1) day after the deadline for filing, the
election division shall certify and release to the public a list of the
candidates for nomination as President of the United States for each
political party who have filed a request for placement on the primary
ballot under this chapter. The election division shall also release to the
public a list of all requests whose validity has been questioned under
IC 3-8-1-2.
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence
(b) The petition of nomination described in section 3 of this chapter must be double-sided. The front of each page must include the signature and other information required under section 6 of this chapter for each petitioner. The bottom of the front of each page must include the affidavit required by subsection (c). The back of each page must include the circuit court clerk or board of registration certification required by subsection (a).
(c) An individual submitting a petition under section 10 of this chapter shall, at the bottom of the front of each page of the petition, sign and date an affidavit stating that the individual has no reason to doubt the authenticity of the signatures on that page. The commission shall prescribe the form of the affidavit.
(d) The circuit court clerk or board of registration shall enter each petitioner's name into the state computerized voter registration list established under IC 3-7-26.3-3.
(e) An original signature of an official of the office of the circuit court clerk or the board of registration is required as a part of the certification under subsection (a). Two (2) members of different
political parties are required to make the certification under
subsection (a) in a county having either of the following:
(1) A board of registration established under IC 3-7-12.
(2) A combined board of elections and registration under
IC 3-6-5.2 or IC 3-6-5.4.
(f) If the affidavit required by subsection (c) is not properly
completed for a petition page, the circuit court clerk or board of
registration may not certify a petitioner whose name is on that
page.
(g) If the back of a petition page does not include the form of
certification required by subsection (b), the circuit court clerk or
board of registration shall physically attach the certification to the
petition page.
(h) If no one in the office of the circuit court clerk or board of
registration is available or able to sign the certification required by
subsection (a), the individual who is responsible for the operation
of the office of the circuit court clerk or the board of registration
shall designate in writing a proxy who is authorized to sign the
certification on behalf of the office or the board and the time at
which the proxy's authorization will expire. The proxy's
designation must be filed with the county election board at a
meeting held immediately after the designation is made. The
county election board shall enter the proxy's designation in its
entirety into the board's minutes.
(i) If a county is part of more than one (1) congressional district,
the certificate must indicate the number of petitioners from that
county who reside in each congressional district.
(b) The petition must be filed during the period beginning on
(c) This subsection does not apply to a petition required for any of the following offices:
(1) President of the United States.
(2) United States Senate.
(3) Governor.
The county voter registration office shall certify and file a petition that complies with the requirements of this chapter with the public official authorized to place names on the ballot (and with the town clerk-treasurer, if the petition of nomination is for a town office) not later than noon July 15. Following certification of a petition under this section, the office may, upon the request of a candidate named in the petition, return the original petition to the candidate for filing with the appropriate official in accordance with this subsection.
(d) This subsection applies to a petition for any of the following offices:
(1) President of the United States.
(2) United States Senate.
(3) Governor.
Not later than forty-eight (48) hours after the certification of a petition under section 8 of this chapter, the office of the circuit court clerk or the board of registration shall copy both sides of each page of the petition and transmit the original petition to the election division by first class mail for filing. Immediately upon the election division's receipt of the petition, the election division shall file and place a time stamp on each page of the petition.
(e) The election division shall store all petitions filed under this section in a secure manner, so that the petitions are accessible only with the coordinated action of both codirectors of the election division or their designees.
(f) The election division shall maintain a log for each set of petitions filed under this section. The log must include the printed name, signature, and date for each person accessing the petitions, including members of the public and the media, and employees of the election division.
(b) The petition of nomination must be
(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 on the date specified under IC 3-8-7-16 for the certification of candidates and public questions by the election division:
(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.
