Bill Text: IN SB0139 | 2010 | Regular Session | Introduced
Bill Title: Election administration; state officeholders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Elections [SB0139 Detail]
Download: Indiana-2010-SB0139-Introduced.html
Introduced Version
SENATE BILL No. 139
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-6; IC 3-9-7-4.
Synopsis: Election administration; state officeholders. Provides that
a county election board may not employ a candidate for elected office,
a member of a candidate's committee, or an elected officeholder to
perform certain election duties and responsibilities exercised by the
circuit court clerk. Provides that a state officeholder may not use public
funds to pay for the preparation, printing, distribution, or broadcast of
advertising or any other form of communication concerning the
activities or duties of the officeholder's state office in which the state
officeholder personally appears or speaks, and establishes a civil
penalty not to exceed $1,000 for each violation.
Effective: July 1, 2010.
Simpson
January 5, 2010, read first time and referred to Committee on Elections.
Introduced
Second Regular Session 116th General Assembly (2010)
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
SENATE BILL No. 139
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 3-6-4.1-24; (10)IN0139.1.1. -->
SECTION 1. IC 3-6-4.1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 24. (a) The campaign
finance enforcement account is established within the state general
fund to provide money for the following purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system as authorized under IC 3-9-4-4, including investing in technology to expand the capabilities of the computer system.
(b) The account shall be administered by the election division. Funds in the account are available, with the approval of the budget agency, to augment and supplement the funds appropriated to the election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from money in the account. The account consists of all civil penalties collected by the commission under IC 3-9-4 and IC 3-9-7-4.
(d) Money in the account at the end of a state fiscal year does not revert to any other account within the state general fund.
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system as authorized under IC 3-9-4-4, including investing in technology to expand the capabilities of the computer system.
(b) The account shall be administered by the election division. Funds in the account are available, with the approval of the budget agency, to augment and supplement the funds appropriated to the election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from money in the account. The account consists of all civil penalties collected by the commission under IC 3-9-4 and IC 3-9-7-4.
(d) Money in the account at the end of a state fiscal year does not revert to any other account within the state general fund.
SOURCE: IC 3-6-5-14.5; (10)IN0139.1.2. -->
SECTION 2. IC 3-6-5-14.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14.5. (a) The county
election board, by unanimous vote of the entire membership of the
board, may adopt a resolution providing that certain duties and
responsibilities exercised by the circuit court clerk under this title shall
be performed by an employee of the county election board.
(b) A resolution adopted under this section:
(1) must specify the duties and responsibilities to be exercised by the election board employee;
(2) may not be amended or repealed, except by unanimous vote of the entire membership of the county election board; and
(3) expires sixty (60) days after the circuit court clerk who was a member of the county election board when the resolution was adopted leaves office.
(c) A candidate for elected office or a member of a candidate's committee may not be employed by a county election board under this section.
(d) A person employed by a county election board under this section who becomes:
(1) a candidate for elected office; or
(2) a member of a candidate's committee;
may not continue to be employed by a county election board under this section.
(e) A person may not hold elected office and be employed by a county election board under this section.
(b) A resolution adopted under this section:
(1) must specify the duties and responsibilities to be exercised by the election board employee;
(2) may not be amended or repealed, except by unanimous vote of the entire membership of the county election board; and
(3) expires sixty (60) days after the circuit court clerk who was a member of the county election board when the resolution was adopted leaves office.
(c) A candidate for elected office or a member of a candidate's committee may not be employed by a county election board under this section.
(d) A person employed by a county election board under this section who becomes:
(1) a candidate for elected office; or
(2) a member of a candidate's committee;
may not continue to be employed by a county election board under this section.
(e) A person may not hold elected office and be employed by a county election board under this section.
SOURCE: IC 3-9-7-4; (10)IN0139.1.3. -->
SECTION 3. IC 3-9-7-4 IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 4. (a) This section applies to an individual who holds a
state office after June 30, 2010.
(b) As used in this section, "public funds" has the meaning set forth in IC 5-13-4-20.
(c) A state officeholder may not use public funds to pay for the preparation, printing, distribution, or broadcast of advertising or any other form of communication concerning the activities or duties of the officeholder's state office in which the state officeholder personally appears or speaks.
(d) The commission may assess a civil penalty not to exceed one thousand dollars ($1,000), plus any investigative costs incurred and documented by the election division, for each violation of this section. All civil penalties collected under this subsection shall be deposited with the treasurer of state in the campaign finance enforcement account. The commission's proceedings under this
(b) As used in this section, "public funds" has the meaning set forth in IC 5-13-4-20.
(c) A state officeholder may not use public funds to pay for the preparation, printing, distribution, or broadcast of advertising or any other form of communication concerning the activities or duties of the officeholder's state office in which the state officeholder personally appears or speaks.
(d) The commission may assess a civil penalty not to exceed one thousand dollars ($1,000), plus any investigative costs incurred and documented by the election division, for each violation of this section. All civil penalties collected under this subsection shall be deposited with the treasurer of state in the campaign finance enforcement account. The commission's proceedings under this
subsection are subject to IC 4-21.5.
