Bill Text: IN SB0114 | 2011 | Regular Session | Introduced
Bill Title: Qualifications of presidential candidates.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-01-27 - Senator Waterman added as coauthor [SB0114 Detail]
Download: Indiana-2011-SB0114-Introduced.html
Citations Affected: IC 3-8; IC 3-10-4-5.
Synopsis: Qualifications of presidential candidates. Requires a
candidate for the office of President of the United States to certify that
the candidate has the qualifications provided in Article 2, Section 1,
clause 5 of the Constitution of the United States (qualifications), and
to submit with the candidate's declaration of candidacy or request that
the candidate's name be placed on the primary ballot a certified copy
of the candidate's birth certificate, including any other documentation
necessary to establish that the candidate meets the qualifications.
Provides that the election division may not include the name of a
candidate on a list of certified candidates for the primary election ballot
unless the election division has received the candidate's certification
and documentation. Requires the state chairman of a political party to
certify that each nominee of the party for President and Vice President
of the United States meets the qualifications. Requires that a certified
copy of each nominee's birth certificate, including any other
documentation necessary to establish that the nominee meets the
qualifications, accompany the state chairman's certification. Provides
that the election division may not certify the name of a nominee for
President or Vice President of the United States unless the election
division has received a nominee's certification and documentation.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Elections.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) The candidate's name, printed or typewritten 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) 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) A statement of the candidate's party affiliation. For purposes of this subdivision, a candidate is considered to be affiliated with
a political party only if any of the following applies:
(A) The most recent primary election in which the candidate
voted was a primary election held by the party with which the
candidate claims affiliation.
(B) The candidate has never voted in a primary election and
claims a party affiliation.
(C) The county chairman of:
(i) the political party with which the candidate claims
affiliation; and
(ii) the county in which the candidate resides;
certifies that the candidate is a member of the political party.
The declaration of candidacy must inform candidates how party
affiliation is determined under this subdivision and permit the
candidate to indicate on the declaration of candidacy which of
clauses (A), (B), or (C) applies to the candidate. If a candidate
claims party affiliation under clause (C), the candidate must
attach to the candidate's declaration of candidacy the written
certification of the county chairman required by clause (C).
(5) A statement that the candidate:
(A) 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
(B) is not ineligible to be a candidate due to a criminal
conviction that would prohibit the candidate from serving in
the office; and
(C) if the candidate is a candidate for the office of
President of the United States, has the qualifications
provided in Article 2, Section 1, clause 5 of the
Constitution of the United States.
(6) A request that the candidate's name be placed on the official
primary ballot of that party to be voted on, the office for which the
candidate is declaring, and the date of the primary election.
(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 been a candidate
for state or local office in a previous primary or general election
and whether the candidate has 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 candidacy under section 11 of this
chapter.
(10) The candidate's signature.
(b) The commission shall provide that the form of a declaration of
candidacy includes the following information near the separate
signature required by subsection (a)(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.
(c) A 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.
(d) This subsection applies to a candidate for the office of
President of the United States. A candidate shall submit with the
candidate's declaration of candidacy a certified copy of the
candidate's birth certificate, including any other documentation
necessary to establish that the candidate meets the qualifications
provided in Article 2, Section 1, clause 5 of the Constitution of the
United States.
received the documentation described in section 7(d) of this
chapter for the candidate.
(b) The list must designate the office for which the person is a
candidate and the political party the person represents.
(c) If the commission determines under section 18 of this chapter
that the certified list of candidates should be amended to add or remove
the name of a candidate, as soon as practicable after this determination,
the election division shall transmit the county election board an
amendment indicating the change to be made in the certified list.
(b) A candidate of a major political party for nomination for the office of President of the United States during the period under IC 3-8-2-4 in which a declaration of candidacy may be filed for the primary election held in the year in which a President is to be elected, shall file with the election division a request that the candidate's name be placed upon the ballot under the label of the political party whose nomination the candidate is seeking.
(c) A candidate described under subsection (b) may, in the alternative, file the request with the secretary of state. If the secretary of state receives a request under this subsection, the secretary shall immediately forward the request to the election division.
(d) Notwithstanding subsection (b), a request filed on the final day permitted under subsection (b) must be filed with the secretary of state. For all other purposes under this title, a request filed with the secretary of state is subject to the same procedures and requirements as a request filed with the election division.
(e) A request filed under this section must be accompanied by the following:
(1) A certification signed by the candidate that the candidate has the qualifications provided in Article 2, Section 1, clause 5 of the Constitution of the United States.
(2) A certified copy of the candidate's birth certificate, including any other documentation necessary to establish that the candidate meets the qualifications provided in Article 2, Section 1, clause 5 of the Constitution of the United States.
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.
(b) The election division may not certify the name of a candidate
for President of the United States on the list prepared under
subsection (a) unless the election division has received the
documentation described in section 1(e) of this chapter for the
candidate.
(b) Except in accordance with an amendment to the certified list, each county election board shall have the names of the candidates certified by the election division placed on the ballot as provided by law.
(c) The election division may not include the name of a candidate for President of the United States on the list of candidates transmitted under subsection (a) unless the election division has received the documentation described in section 1(e) of this chapter for the candidate.
(1) the names of the nominees of the party for President and Vice President of the United States;
(2) the state of which each nominee is a resident; and
(3) that each nominee has the qualifications provided in Article 2, Section 1, clause 5 of the Constitution of the United States.
(b) This subsection does not apply to a nominee who provided the documentation required by this subsection under IC 3-8-2-7 or IC 3-8-3-1. A certified copy of a nominee's birth certificate, including any other documentation necessary to establish that the nominee meets the qualifications provided in Article 2, Section 1,
clause 5 of the Constitution of the United States, must accompany
the certification required under subsection (a).
(b) (c) If candidates for presidential electors are nominated by
petitioners instead of by a convention of a major political party or a
party subject to IC 3-8-4-10, the petitioners shall certify with the list of
names of electors:
(1) the names of their nominees for President and Vice President
of the United States;
(2) the state of which each nominee is a resident; and
(3) the name of the political party of the nominees, or that the
nominees are an independent ticket.
(c) (d) This subsection applies to a political party described in
subsection (a) and to candidates nominated by petitioners under
subsection (b). (c). The names of:
(1) all candidates for presidential electors; and
(2) all nominees for President and Vice President of the United
States;
shall be certified to the election division not later than noon on the
second Tuesday in September before the general election. Except as
provided in subsection (f), the election division shall certify to each
county election board not later than noon on the next following
Thursday in September before the general election the names of the
nominees for President and Vice President of the United States
certified to the election division under this subsection.
(d) (e) The names of all candidates for presidential electors for a
write-in candidate shall be included on the declaration for candidacy
filed by a write-in candidate for the office of President or Vice
President of the United States filed under IC 3-8-2.
(f) The election division may not certify the name of a nominee
for President or Vice President of the United States under
subsection (d) unless the election division has received the
following for the nominee:
(1) The certification required by subsection (a).
(2) The documentation required by subsection (b), if
applicable.
