Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-10;
IC 3-11; IC 3-11.5; IC 3-11.7; IC 3-12; IC 3-13; IC 3-14; IC 4-2;
IC 20-4; IC 36-2; IC 36-4.
Effective: Upon passage; July 1, 2004.
December 2, 2003, read first time and referred to Committee on Elections and Civic
Affairs.
January 13, 2004, amended, reported favorably _ Do Pass.
January 22, 2004, read second time, ordered engrossed.
January 23, 2004, engrossed.
January 26, 2004, read third time, passed. Yeas 49, nays 0.
the territory was acquired. Provides that only counties that count absentee ballots at a central location may authorize the use of electronic equipment at the clerk's office for the casting of absentee ballots. Requires the voter's signature on an absentee ballot application to be compared to the voter's signature on the voter's registration record under certain circumstances. Requires a special election to be ordered in an election contest after a finding that the occurrence of deliberate acts makes it impossible to determine which candidate received the highest number of votes. Makes changes to qualifications of precinct election officers, the filing place for replacement candidates for local judicial offices of independent and minor party candidates, and small town election procedures. Establishes deadlines for: (1) the election division to certify certain information concerning candidates for president and vice president and presidential electors; and (2) printing provisional ballots in a presidential election year. Allows an absentee ballot cast by a voter required to provide additional documentation to be counted under the provisional ballot procedure if the documentation is filed before 6 p.m. on election day. Establishes eligibility requirements for provisional ballot counters. Establishes a procedure for breaking a tie vote in a municipal election. Resolves a conflict in current law concerning: (1) the resumption of registration after a special election; and (2) the procedure for determining certain voter challenges. Makes technical changes relating to: (1) election administration; (2) precinct election officers; (3) watchers; (4) certification of nominees; (5) campaign finance reports; (6) voter registration; (7) rights of voters; (8) municipal elections; (9) ballot format; (10) absentee voting; (11) polling places; (12) provisional ballots; (13) election recounts and contests; (14) filling vacancies in local offices; (15) the meeting of presidential electors; (16) filing financial disclosure statements; and (17) appointment of deputies of local officials. Repeals: (1) a duplicate requirement for filing with the election division a certificate of the public test of an optical scan voting system; and (2) a special procedure involving a county commissioner's resignation. Reduces the number of landowners required to oppose an annexation by a municipality located in a county contiguous to a county containing a consolidated city. Provides that if: (1) landowners of territory petition a municipality, seeking to be annexed; and (2) at least 50% of the territory's boundary (not including any boundary contiguous to a county boundary) is contiguous with the municipality, the landowners seeking annexation are not required to prove that municipal services are unavailable to the territory in order for the court to order annexation. (The introduced version of this bill was prepared by the census data advisory committee.)
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
SECTION 1. IC 3-5-7-7, AS ADDED BY P.L.202-1999, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 7. (a) A registered voter of the election district a
candidate seeks to represent may file a sworn statement with the
commission election division or a county election board under
IC 3-8-1-2 if a candidate uses on the ballot a designation not permitted
by section 5 of this chapter.
(b) A complaint filed under this section must contain the following
information:
(1) The legal name of the candidate who has used a designation
not permitted by section 5 of this chapter.
(2) The designation the candidate has used that is not permitted
under section 5 of this chapter.
(c) If the commission or county election board finds that the
candidate used a designation not permitted by section 5 of this chapter,
the candidate is considered to have withdrawn the candidate's
candidacy.
SECTION 2. IC 3-6-6-23, AS AMENDED BY P.L.126-2002,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23. The oath prescribed for a precinct election
officer must be signed before a person authorized to administer oaths
and contain the following information:
I do solemnly swear (or affirm) the following:
(1) I will support the Constitution of the United States and the
Constitution of the State of Indiana.
(2) I will faithfully and impartially discharge the duties of
inspector (or judge, poll clerk, assistant poll clerk, or sheriff) of
this precinct under the law.
(3) I will not knowingly permit any person to vote who is not
qualified and will not knowingly refuse the vote of any qualified
voter or cause any delay to any person offering to vote other than
is necessary to procure satisfactory information of the
qualification of that person as a voter.
(4) I am now a bona fide resident of the county in which the
precinct in which I am to act as a member of the election board is
situated and, if required by law, am a qualified voter of that
county.
(5) I will not disclose or communicate to any person how any
voter has voted at this election or how any ballot has been folded
or marked.
(6) I am able to read, write, and speak the English language.
(7) I have no property bet or wagered on the result of this election.
(8) I am not a candidate to be voted for at this election in this
precinct, except as an unopposed candidate for a political party
office.
(9) If I am serving as an inspector, I am not the chairman or
treasurer of the committee of a candidate whose name appears on
the ballot.
(10) I am not related to any person to be voted for at this election
in this precinct as the spouse, parent, father-in-law,
mother-in-law, child, son-in-law, daughter-in-law, grandparent,
grandchild, brother, sister, brother-in-law, sister-in-law, uncle,
aunt, nephew, or niece of that person, unless that person is an
unopposed candidate.
(11) I was trained as required by IC 3-6-6-40.
SECTION 3. IC 3-6-6-38, AS ADDED BY P.L.126-2002,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 38. (a) As used in this section, "omitted
precinct election officer" refers to a precinct election officer that a
precinct is not required to have by a resolution adopted under this
section.
(b) Notwithstanding other provisions of this title, a county election
board may adopt a resolution to provide that specified precincts or all
precincts of the county are not required to have any or all of the
following precinct election officers:
(1) Sheriff. Sheriffs.
(2) Poll clerks.
(c) A resolution adopted under this section must be adopted by
unanimous vote of the entire membership of the board.
(d) A resolution adopted under this section must state the following:
(1) The precincts to which the resolution applies.
(2) For each precinct identified in the resolution, which precinct
election officers are omitted precinct election officers.
(3) For each precinct identified in the resolution, which precinct
election officers will perform the duties required by this title of
the omitted precinct election officers.
(e) Notwithstanding any other law, the precinct election officer
specified in a resolution adopted under this section shall perform the
duties of the omitted precinct election officers as stated in the
resolution.
(f) A resolution adopted under this section expires December 31
after the resolution is adopted.
SECTION 4. IC 3-6-9-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 1. (a) If:
(1) twenty-six percent (26%) or more of all candidates of a
political party who are candidates for:
(A) nomination to elected offices at a county primary election
(or municipal primary election within the municipality in
which the municipal primary is to be conducted), not
including candidates for delegates to the state convention or
candidates for precinct committeemen; or
(B) precinct committeemen at an election for precinct
committeemen, whose names are certified to the county
election board as candidates to be voted for at the primary
election for precinct committeemen; or
(2) any candidate or group of candidates for a school board office;
desire to have watchers at the polls in any precinct of the county or
municipality, they shall sign a written statement indicating their desire
to name watchers.
complete the voter registration part of the application.
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application if requested to do so by the individual.
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the license branch
manager (or the employee designated by the manager to be
responsible for voter registration services) for transmittal to the
appropriate circuit court clerk or board of registration.
(5) Inform the individual that the individual will receive a mailing
from the circuit court clerk or board of registration of the county
where the individual resides concerning the disposition of the
voter registration application.
(6) Inform each individual who submits a change of address for
a driver's license or identification card that the information serves
as notice of a change of address for voter registration unless the
applicant states in writing on the form that the change of address
is not for voter registration purposes.
SECTION 9. IC 3-7-14-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. If an individual
is registering to vote after the twenty-ninth day before the date that a
primary, general, municipal, or special election is scheduled in the
precinct where the voter resides, the employee of the bureau of motor
vehicles commission who provides an individual with a driver's license
or an identification card application shall do the following:
(1) Inform the individual that license branch registration will not
permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may
follow to vote in the next election.
SECTION 10. IC 3-7-14-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. Whenever an
applicant completes a voter registration application under section 4 of
this chapter, the bureau of motor vehicles commission shall provide
the applicant with a written acknowledgment that the applicant has
completed a voter registration application at a license branch. The
acknowledgment:
(1) may be a detachable part of the registration form prescribed
under section 4 of this chapter; and
(2) must set forth the name and residential address of the
applicant and the date that the application was completed.
SECTION 11. IC 3-7-14-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) An
applicant who completes a voter registration application under section
4 of this chapter is not required to submit the application to a circuit
court clerk or board of registration member.
(b) The bureau of motor vehicles commission shall forward the
voter registration part of the application to a circuit court clerk or board
of registration not later than five (5) days after the date of acceptance
and as provided in IC 9-24-2.5 and 42 U.S.C. 1973gg-3(c)(2)(E).
SECTION 12. IC 3-7-14-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. Voter
registration information received or maintained by the bureau of
motor vehicles commission under this chapter is confidential and may
be used only for voter registration purposes as provided in this article,
42 U.S.C. 1973gg-3(b), and 42 U.S.C. 1973gg-6(a)(6).
SECTION 13. IC 3-7-14-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. As provided in
42 U.S.C. 1973gg-3(d), a circuit court clerk or board of registration
may update the address in the voter registration of an applicant, unless
the applicant indicates on an application to obtain or renew a motor
vehicle driver's license (or any other change of address form submitted
to the clerk or board by the bureau of motor vehicles commission)
that the change of address of the applicant is not for voter registration
purposes.
SECTION 14. IC 3-7-30-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As provided in
42 U.S.C. 1973gg-3(c), the fact that an applicant declined to register at
a license branch or at a voter registration agency or by mail is
confidential.
SECTION 15. IC 3-7-33-4, AS AMENDED BY P.L.209-2003,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This section applies to a voter
registration application submitted on a registration by mail form under
IC 3-7-22.
(b) Except as provided in subsection (c), and as provided in 42
U.S.C. 1973gg-6(a)(1), an eligible applicant whose application is
postmarked not later than twenty-nine (29) days before the election
shall be registered to vote in the election.
(c) If a postmark on a registration by mail form is missing or
illegible, an eligible applicant shall be registered to vote in the election
if the form is received by the county voter registration office not later
than twenty-four (24) days the Monday following the close of the
registration period before the election.
nominates its candidates by convention; and
(B) the date that a declaration of candidacy must be filed under
IC 3-8-2-4 if the town nominates its candidates by a primary
election.
(c) The declaration must be subscribed and sworn to (or affirmed)
before a notary public or other person authorized to administer oaths.
(d) The declaration of each candidate required by this section must
certify the following information:
(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) That the candidate is a registered voter and the location of the
candidate's precinct and township (or the ward and town), county,
and state.
(3) The candidate's complete residence address and the
candidate's mailing address if the mailing address is different
from the residence address.
(4) The candidate's party affiliation and the office to which the
candidate seeks nomination, including the district designation if
the candidate is seeking a town legislative body seat.
(5) 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 is not
ineligible to be a candidate due to a criminal conviction that
would prohibit the candidate from serving in the office.
(6) The candidate's signature.
(e) This subsection does not apply to a town whose municipal
election is to be conducted by a county. Immediately after the
deadline for filing, the circuit court clerk shall do all of the following:
(1) Certify to the town clerk-treasurer and release to the public a
list of the candidates of each political party for each office. The
list shall indicate any candidates of a political party nominated for
an office under this chapter because of the failure of any other
candidates of that political party to file a declaration of candidacy
for that office.
(2) Post a copy of the list in a prominent place in the circuit court
clerk's office.
(3) File a copy of each declaration of candidacy with the town
clerk-treasurer.
(f) A person who files a declaration of candidacy for an elected
office for which a per diem or salary is provided for by law is
disqualified from filing a declaration of candidacy for another office for
which a per diem or salary is provided for by law until the original
declaration is withdrawn.
(g) A person who files a declaration of candidacy for an elected
office may not file a declaration of candidacy for that office in the same
year as a member of a different political party until the original
declaration is withdrawn.
(h) A person who files a declaration of candidacy under this section
may file a written notice withdrawing the person's declaration of
candidacy in the same manner as the original declaration was filed, if
the notice of withdrawal is filed not later than:
(1) noon August 1 before the municipal election if the town
nominates its candidates by convention; and
(2) the date that a declaration of candidacy may be withdrawn
under IC 3-8-2-20 if the town nominates its candidates in a
primary election.
(i) 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.
SECTION 18. IC 3-8-5-13, AS AMENDED BY P.L.202-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 13. (a) The chairman and secretary of a town
convention shall execute a certificate of nomination in writing, setting
out the following:
(1) The name of each nominee as:
(A) the nominee wants the nominee's name to appear on the
ballot; and
(B) the nominee's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(5) The political party device or emblem by which the ticket will
be designated on the ballot.
(b) Both the chairman and secretary shall acknowledge the
certificate before an officer authorized to take acknowledgment of
deeds.
(c) The certificate must be filed with the circuit court clerk of the
county having the greatest percentage of the population of the town.
(d) The certificate must be filed with the circuit court clerk no later
than noon August 28 before the municipal election.
(e) The circuit court clerk shall file a copy of each certificate with
the town clerk-treasurer no later than noon September 4.
SECTION 19. IC 3-8-5-14.7, AS AMENDED BY P.L.144-1999,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 14.7. (a) All questions regarding the validity of:
(1) a declaration of candidacy;
(2) a petition of nomination; or
(3) a certificate of nomination of a candidate by a town
convention; or a declaration of intent to be a write-in candidate
for election to a town office
subject to this chapter shall be filed under IC 3-8-1-2 not later than
noon seven (7) days after the final date for filing a certificate under
section 13(d) of this chapter. The question shall be referred to and
determined by the town election board (or by the appropriate county
election board if a county election board is conducting the election for
the town).
(b) The election board shall rule on the validity of any document
described in subsection (a) not later than noon September 11 seven (7)
days following the deadline for filing of the document required by
subsection (a).
(c) A question regarding the validity of a declaration to be a
write-in candidate for election to a town office must be filed under
IC 3-8-1-2 not later than the date and time specified by
IC 3-8-2-14(c), and shall be determined by the election board not
later than the date and time specified by IC 3-8-2-14(c).
SECTION 20. IC 3-8-6-17, AS AMENDED BY P.L.202-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17. (a) If:
(1) a petition of nomination contains the name of at least one (1)
candidate who seeks to be placed on the ballot as the candidate of
a political party described by section 1 of this chapter; and
(2) a candidate listed on the petition ceases to be a candidate after
the petition is circulated for signature or filed;
the candidate may be replaced on the petition in accordance with this
section.
(b) This subsection applies to a candidate described in subsection
(a) who sought a federal, state, or legislative office or a local office
described by IC 3-8-2-5. The state chairman of the political party may
file a written statement with the election division stating the name of
the substitute candidate. The statement must:
(1) be on a form prescribed by the commission;
(2) state the following:
(A) the name of the individual who ceased to be a candidate;
(B) the date and reason the individual ceased to be a
candidate; and
(C) the name of the individual who will replace the candidate
as:
(i) the individual wants the individual's name to appear on
the ballot; and
(ii) the individual's name is permitted to appear on the ballot
under IC 3-5-7; and
(3) be accompanied by the following:
(A) The replacement candidate's consent to be nominated by
the petition and, if other candidates were listed on the petition,
the signed consent of those candidates to be the replacement.
(B) The former candidate's statement of withdrawal in a form
substantially similar to the form prescribed under IC 3-8-7-28
if the individual withdrew as a candidate.
A replacement candidate's consent to the nomination 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 the nomination. If there is a difference between the name on
the candidate's consent to the nomination and the name on the
candidate's voter registration record, the officer with whom the consent
to the nomination 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 the nomination.
(c) This subsection applies to a candidate described in subsection
(a) who sought a local office other than a local office described by
IC 3-8-2-5. The county, city, or town chairman of the political party
may file a written statement that conforms with subsection (b) with the
election board conducting the election for the local office.
(d) The statement required under subsection (b) or (c) must be filed
not later than the final date and time for the certification of presidential
and vice presidential nominees under IC 3-10-4-5.
(e) If a petition of nomination is circulated or filed by an
independent candidate and that individual ceases to be a candidate,
another candidate may not be substituted on the petition of nomination.
SECTION 21. IC 3-8-7-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Except as
provided in subsection (f), if a political party has filed a statement with
the election division (or any of its predecessors) that the device
selected by the political party be used to designate the candidates of the
political party on the ballot for all elections throughout the state, the
device must be used until:
(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 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; or
(4) any other emblem common to the people.
(d) Not later than noon, August 20, before each election:
(1) the state chairman of each political party whose candidates are
to be certified under this section; or
(2) an individual filing a petition of nomination for candidates to
be certified under this section;
shall file with the election division a camera-ready copy of the device
under which the candidates of the political party or the petitioner are
to be listed so that ballots may be prepared using the best possible
reproduction of the device.
(e) This subsection applies to a candidate or political party whose
name or device is to be printed only on ballots prepared by a county
election board. Not later than noon, August 20, the chairman of the
political party or the petitioner of nomination shall file a camera-ready
copy of the device under which the candidates of the political party or
the petitioner are to be listed with the county election board of each
county in which the name of the candidate or party will be placed on
the ballot. The county election board shall provide the
camera-ready copy of the device to the town election board of a
town located wholly or partially within the county upon request by
the town election board.
(f) If a copy of the device is not filed in accordance with subsection
(c) or (d) or (e), or unless a device is designated in accordance with
section 26 or 27 of this chapter, the election division, or county election
board, or town election board is not required to use any device to
designate the list of candidates.
SECTION 22. IC 3-8-7-16, AS AMENDED BY P.L.66-2003,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) This section does not apply to the
certification of nominees under IC 3-10-4-5.
(b) The election division shall certify the following to each county
election board not later than noon August 20 seventy-four (74) days
before an a general election:
(1) The name and place of residence of each person nominated for
election to:
(A) an office for which the electorate of the whole state may
vote;
(B) the United States House of Representatives;
(C) a legislative office; or
(D) a local office for which a declaration of candidacy must be
filed with the election division under IC 3-8-2.
(2) The name of each:
(A) justice of the supreme court;
(B) judge of the court of appeals; and
(C) judge of the tax court;
who is subject to a retention vote by the electorate and who has
filed a statement under IC 33-2.1-2-6 indicating that the justice or
judge wishes to have the question of the justice's or judge's
retention placed on the ballot.
(c) Subject to compliance with section 11 of this chapter, the
election division shall designate the device under which the list of
candidates of each political party will be printed and the order in which
the political party ticket will be arranged under IC 3-10-4-2 and
IC 3-11-2-6.
SECTION 23. IC 3-9-4-14, AS AMENDED BY P.L.176-1999,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) The election division and each county
election board shall do all of the following:
(1) Ascertain whether candidates, committees, or other persons
have:
(A) failed to file statements of organization or reports; or
(B) filed defective statements of organization or reports.
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.
(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.
(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, 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) All civil penalties collected under this section shall be deposited
with the treasurer of state in the campaign finance enforcement
account.
(j) (k) Proceedings of the commission under this section are subject
to IC 4-21.5.
SECTION 25. IC 3-9-4-17, AS AMENDED BY P.L.66-2003,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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.
(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.
(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, 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) 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.
(i) (j) Money in the campaign finance enforcement account does not
revert to the county general fund at the end of a county fiscal year.
(j) (k) Proceedings of the county election board under this section
are subject to IC 4-21.5.
SECTION 26. IC 3-9-5-9, AS AMENDED BY P.L.199-2001,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 9. (a) Except as provided in subsections (b) and
(c), in a year in which a candidate is not a candidate for election to an
office to which this article applies or does not seek nomination at a
caucus or state convention for election to an office to which this article
applies, the treasurer of the candidate's committee shall file only the
report required by section 10 of this chapter.
(b) This subsection applies to a candidate who holds one (1) office
and is a candidate for a different office (or has filed a statement of
organization for an exploratory committee without indicating that the
individual is a candidate for a specific office). The treasurer of the
candidate's committee for the office the candidate holds shall file the
following reports:
(1) If the committee spends, transfers in, or transfers out at least
ten thousand dollars ($10,000) from January 1 until twenty-five
(25) days before the primary election, the treasurer shall file a
pre-primary report under section 6 of this chapter.
(2) If the committee spends, transfers in, or transfers out at least
ten thousand dollars ($10,000) from twenty-five (25) days before
the primary election until twenty-five (25) days before the general
election, the treasurer shall file a pre-general election report under
section 6 of this chapter.
(3) The report required under section 10 of this chapter.
(c) This subsection applies to a candidate who is required to file a
pre-primary report or pre-convention report under section 6 of this
chapter and who:
(1) is defeated at the primary election or convention; or
(2) withdraws or is disqualified as a candidate before the general
election.
The treasurer of a candidate's committee described by this subsection
is not required to file a pre-general election report under section 6 of
this chapter but shall file the report required by section 10 of this
chapter.
(d) This subsection applies to a candidate for election to a city
office or a town office. If a municipal primary is not conducted in
the municipality by one (1) or more parties authorized to conduct
a primary, the candidate must file a report in accordance with the
schedule set forth in section 6 of this chapter as if the primary were
conducted. If a municipal election is not conducted in the
municipality, the candidate must file a report in accordance with
section 6 of this chapter as if the municipal election were
conducted.
SECTION 27. IC 3-10-1-31, AS AMENDED BY P.L.209-2003,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 31. (a) The inspector of each
precinct shall deliver the bags required by section 30(a) and 30(c) of
this chapter in good condition, together with poll lists, tally sheets, and
other forms, to the circuit court clerk when making returns.
(b) Except for unused ballots disposed of under IC 3-11-3-31, the
circuit court clerk shall carefully preserve the ballots and other material
and keep all seals intact for twenty-two (22) months, as required by 42
U.S.C. 1974, after which they may be destroyed unless:
(1) an order issued under IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(c) This subsection applies before January 1, 2006. Upon delivery
of the poll lists, the the county voter registration office may unseal the
envelopes containing the poll lists. For the purposes of
(1) a cancellation of registration conducted under IC 3-7-43
through IC 3-7-46;
(2) a transfer of registration conducted under IC 3-7-39,
IC 3-7-40, or IC 3-7-42;
(3) adding the registration of a voter under IC 3-7-48-8; or
(4) recording that a voter subject to IC 3-7-33-4.5 submitted the
documentation
updating registration records to include information set forth on
the lists required under 42 U.S.C. 15843 and IC 3-11-8 or IC 3-11-10,
the county voter registration office may inspect the poll lists and update
the registration record of the county at any time after the registration
period resumes under IC 3-7-13-10. The county voter registration
office shall use the poll lists to update the registration record to include
the voter's voter identification number if the voter's voter identification
number is not already included in the registration record. Upon
completion of the inspection, the poll list shall be resealed and
preserved with the ballots and other materials for the time period
prescribed by subsection (b).
(d) This subsection applies after December 31, 2005. Upon delivery
of the poll lists, the county voter registration office may unseal the
envelopes containing the poll lists. For purposes of
(1) a cancellation of registration conducted under IC 3-7-43
through IC 3-7-46; or
(2) a transfer of registration conducted under IC 3-7-39,
IC 3-7-40, or IC 3-7-42;
updating registration records to include information set forth on
the lists, the county voter registration office may inspect the poll lists
and update the registration record of the county. The county voter
registration office shall use the poll lists to update the registration
record to include the voter's current voter identification number if the
voter's voter identification number is not included in the registration
record. Upon completion of the inspection, the poll list shall be
resealed and preserved with the ballots and other materials for the time
period prescribed by subsection (b).
(e) After the expiration of the period described in subsection (b), the
ballots may be destroyed in the manner provided by IC 3-11-3-31 or
transferred to a state educational institution as provided by
IC 3-12-2-12.
SECTION 28. IC 3-10-4-5, AS AMENDED BY P.L.66-2003,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. (a) This subsection applies to a major political
party and to a political party subject to IC 3-8-4-10. The state chairman
of each political party shall certify to the election division the names of
the nominees of the party for President and Vice President of the
United States and the state of which each nominee is a resident.
(b) 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) This subsection applies to a political party described in
subsection (a) and to candidates nominated by petitioners under
subsection (b). 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. The election
division shall certify to each county election board not later than noon
on the second 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) 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.
SECTION 29. IC 3-10-6-5, AS AMENDED BY P.L.122-2000,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. Except as otherwise provided in this chapter,
a municipal election shall be held on the first Tuesday after the first
Monday in November 2003 2007 and every four (4) years thereafter.
At the election, public officials shall be elected to each municipal and
school board office.
SECTION 30. IC 3-10-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. Except as otherwise
provided in this chapter, the county election board, county executive,
circuit court clerk, voters, and members of political parties in each
county in which a municipal primary election or municipal election will
be held have the rights and shall perform the duties and furnish the
assistance that they are required to do for a primary and general
election under IC 3-10-1 and IC 3-11-8.
SECTION 31. IC 3-10-7-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5.5. (a) The county
election board shall conduct a municipal election in a town that has a
population of less than five hundred (500) unless the town legislative
body adopts a resolution during the period:
(1) beginning January 1; and
(2) ending April 1; August 8;
before the municipal election to establish a town election board under
this chapter to conduct the municipal election.
(b) The town clerk-treasurer must file a copy of the resolution with
the circuit court clerk of the county having the greatest percentage of
the population of the town before May 1 not later than noon August
21 after the resolution is adopted.
(c) A resolution adopted under this section expires December 31
after its adoption.
SECTION 32. IC 3-10-7-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 21. Except as otherwise
provided in this chapter, a town election board conducting a municipal
election under this chapter, the town executive, the town
clerk-treasurer, voters, and members of political parties in each town
in which a municipal election is conducted under this chapter have the
same rights and powers, shall perform the same duties, and are subject
to the same qualifications and penalties as a county election board that
is conducting a general election, or the county executive, circuit court
clerk, or member of a political party in a town in which a general
election is conducted by the county election board.
SECTION 33. IC 3-10-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as
provided in subsection (b) or (c), if a special election is held at a time
other than the time of a general election, the election shall be held in
accordance with this title. Each county election board and other local
public official who is required to perform any duties in connection with
a general election shall perform the same duties for the special election,
subject to the same provisions and penalties as for a general election.
(b) If a special election is held:
(1) under a court order under IC 3-12-8; or
(2) for a local public question;
the county election board may provide that several precincts may vote
in the special election at the same polling place, if the county election
board finds by unanimous vote of the entire membership of the board
that the consolidation of polling places will not result in undue
inconvenience to voters.
(c) If a special election is held:
(1) under a court order under IC 3-12-8 for a school board office;
or
(2) for a local public question;
the county election board may by unanimous vote of the entire
membership of the board adopt a resolution to provide that each
precinct election board will include only one (1) inspector and one (1)
judge, and that only one (1) sheriff and one (1) poll clerk may be
nominated as precinct election officers. If the board has adopted a
resolution under subsection (b), a resolution adopted under this
subsection may also provide for more than one (1) precinct to be
served by the same precinct election board. A resolution adopted
under this subsection may not be rescinded by the county election
board and expires the day after the special election is conducted.
(d) The following procedures apply if a county election board adopts
a resolution under subsection (c):
(1) The inspector shall be nominated by the county chairman
entitled to nominate an inspector under IC 3-6-6-8.
(2) The judge shall act as a clerk whenever this title requires that
two (2) clerks perform a duty.
(3) The poll clerk shall act as a judge whenever this title requires
that two (2) judges perform a duty.
SECTION 34. IC 3-10-8-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) If the special
election occurs during the period when registration is open under
IC 3-7-13, the registration period continues through the twenty-ninth
day before the special election occurs and resumes on the first day of
the month following the month in which the special election is
conducted. date specified by IC 3-7-13-10(d).
(b) The election board conducting the special election shall provide
poll lists for use at the precincts that include the names of voters in the
precinct who:
(1) have registered through the twenty-ninth day before the
special election is to be conducted; or
(2) are absent uniformed services voters or overseas voters
registered under IC 3-7-36.
(c) This subsection applies when a special election is ordered by a
court under IC 3-12-8-17 or the state recount commission under
IC 3-12-11-18. A candidate may not be placed on the special election
ballot unless the candidate was on the ballot or was a declared write-in
candidate for the office at the general election preceding the special
election.
(d) The restrictions on the sale of alcoholic beverages set forth in
IC 7.1-5-10-1 apply in each precinct in which the special election is
conducted.
SECTION 35. IC 3-11-1.5-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 33. (a) If the
boundaries of a municipality are extended before
(1) thirty (30) days before a municipal primary election or
(2) thirty (30) days before a municipal election,
and the territory within those boundaries has not been included in
precincts wholly within the municipality, the voters within the extended
boundaries may vote, if otherwise qualified, in the municipal primary
election or municipal election.
(b) The voters may vote in the precinct in which they have their
residence as if the precinct had been established to include them in a
precinct wholly within the municipality. These votes shall be counted
and included in the canvass of the votes cast in the municipal primary
election or municipal election.
SECTION 36. IC 3-11-2-12.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 12.7. (a) This section
applies to candidates for election to at-large seats on the fiscal or
legislative body of a political subdivision.
(b) Candidates shall be listed in alphabetical order according to
surname within each row or column on the ballot.
(c) In each row or column on the ballot in which the names of
candidates appear, the ballot shall contain a statement reading
substantially as follows above the name of the first candidate: "Vote for
not more than (insert number of candidates to be elected) candidates of
ANY party or ticket for this office.".
(d) If more than one (1) candidate for an at-large seat was
nominated by the same petition of nomination, these candidates
shall be listed in alphabetical order by surname within the same
row or column on the ballot, with the position of the row or column
being determined under section 6 of this chapter.
SECTION 37. IC 3-11-3-2, AS AMENDED BY P.L.126-2002,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. (a) The election division shall have printed and
shall distribute to the circuit court clerk of each county at each general
election the following:
with the requirements in sections 19, 20, and 21 of this chapter.
SECTION 39. IC 3-11-4-3, AS AMENDED BY P.L.1-2003,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Except as provided in subsection (b)
and section 6 of this chapter, an application for an absentee ballot must
be received by the circuit court clerk (or, in a county subject to
IC 3-6-5.2, the director of the board of elections and registration) not
earlier than ninety (90) days before election day nor later than the
following:
(1) Noon on election day if the voter registers to vote under
IC 3-7-36-14.
(2) Noon on the day before election day if the voter completes the
application in the office of the circuit court clerk or is an absent
uniformed services voter or overseas voter who requests that
the ballot be transmitted by fax under section 6(h) of this
chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed or hand delivered application
from a confined voter or voter caring for a confined person;
and
(B) the applicant requests that the absentee ballots be
delivered to the applicant by an absentee voter board.
(4) Midnight on the eighth day before election day if the
application:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters.
(b) This subsection applies to an absentee ballot application from a
confined voter or voter caring for a confined person that is sent by fax,
mailed, or hand delivered to the circuit court clerk of a county having
a consolidated city. An application subject to this subsection that is
sent by fax or hand delivered must be received by the circuit court clerk
not earlier than ninety (90) days before election day nor later than 10
p.m. on the fifth day before election day. An application subject to this
subsection that is mailed must be received by the circuit court clerk not
earlier than ninety (90) days before election day and not later than 10
p.m. on the eighth day before election day.
SECTION 40. IC 3-11-4-18, AS AMENDED BY P.L.209-2003,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 18. (a) If a voter satisfies any of the
following, the county election board shall, at the request of the voter,
mail the official ballot, postage fully prepaid, to the voter at the address
stated in the application:
(1) The voter will be absent from the county on election day.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury.
(7) The voter is scheduled to work at the person's regular place of
employment during the entire twelve (12) hours that the polls are
open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(b) This subsection applies after December 31, 2003. If the county
election board mails an absentee ballot to a voter required to file
additional documentation with the county voter registration office
before voting by absentee ballot under this chapter, the board shall
include a notice to the voter in the envelope mailed to the voter under
section 20 of this chapter. The notice must inform the voter that the
voter must file the additional documentation required under
IC 3-7-33-4.5 with the county voter registration office not later than
noon on election day for the absentee ballot to be counted as an
absentee ballot, and that, if the documentation required under
IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election day,
the ballot will be processed as a provisional ballot. The commission
shall prescribe the form of this notice under IC 3-5-4-8.
(c) The ballot shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(d) In addition to the ballot mailed under subsection (c), the county
election board shall mail a special absentee ballot for overseas voters.
(e) The ballot described in subsection (d):
electronic voting system.
SECTION 42. IC 3-11-10-16, AS AMENDED BY P.L.209-2003,
SECTION 143, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 16. (a) If the inspector finds
under section 15 of this chapter that:
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and after December 31, 2003,
is not required to file additional information with the county voter
registration office under IC 3-7-33-4.5;
(5) the absentee voter has not voted in person at the election; and
(6) in case of a primary election, if the absentee voter has not
previously voted, the absentee voter has executed the proper
declaration relative to age and qualifications and the political
party with which the absentee voter intends to affiliate;
then the inspector shall open the envelope containing the absentee
ballots so as not to deface or destroy the affidavit and take out each
ballot enclosed without unfolding or permitting a ballot to be unfolded
or examined.
(b) The inspector shall then hand the ballots to the judges who shall
deposit the ballots in the proper ballot box and enter the absentee
voter's name on the poll list, as if the absentee voter had been present
and voted in person. The judges shall mark the poll list to indicate
that the voter has voted by absentee ballot. If the voter has registered
and voted under IC 3-7-36-14, the inspector shall attach to the poll list
the circuit court clerk's certification that the voter has registered.
(c) If an absentee ballot is opened under this section in a precinct
using voting machines, the precinct election board shall prepare
certificates and memoranda under IC 3-12-2-6 that distinguish the
votes cast by absentee ballots from votes cast on voting machines.
SECTION 43. IC 3-11-10-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. The vote of an
absentee voter may be challenged at the polls for the reason that the
absentee voter is not a legal voter of the precinct where the ballot is
being cast. The precinct election board may hear and determine a
challenge under this section as though the ballot was cast by the voter
in person. regarding the absentee ballot must be determined using
the procedures for counting a provisional ballot under IC 3-11.7.
SECTION 44. IC 3-11-10-26, AS AMENDED BY P.L.209-2003,
SECTION 147, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 26. (a) As an alternative to
voting by mail, a voter is entitled to cast an absentee ballot before an
absentee voter board:
(1) in the office of the circuit court clerk (or board of elections
and registration in a county subject to IC 3-6-5.2); or
(2) at a satellite office established under section 26.3 of this
chapter.
(b) The voter must sign an application on the form prescribed by the
commission under IC 3-11-4-5.1 before being permitted to vote. The
application must be received by the circuit court clerk not later than the
time prescribed by IC 3-11-4-3.
(c) The voter may vote before the board not more than twenty-nine
(29) days nor later than noon on the day before election day.
(d) An absent uniformed services voter who is eligible to vote by
absentee ballot in the circuit court clerk's office under IC 3-7-36-14
may vote before the board not earlier than twenty-nine (29) days
before the election and not later than noon on election day. If a
voter described by this subsection wishes to cast an absentee ballot
during the period beginning at noon on the day before election day
and ending at noon on election day, the county election board or
absentee voter board may receive and process the ballot at a
location designated by resolution of the county election board.
(e) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at
least seven (7) hours on each of the two (2) Saturdays preceding
election day.
(e) (f) Notwithstanding subsection (d), (e), in a county with a
population of less than twenty thousand (20,000), the absentee voter
board in the office of the circuit court clerk, with the approval of the
county election board, may reduce the number of hours available to
cast absentee ballots under this section to a minimum of four (4) hours
on each of the two (2) Saturdays preceding election day.
(f) (g) This subsection applies after December 31, 2005. As
provided by 42 U.S.C. 15481, a voter casting an absentee ballot under
this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(g) (h) As provided by 42 U.S.C. 15481, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
SECTION 45. IC 3-11-10-26.2, AS ADDED BY P.L.69-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 26.2. (a) A:
(1) county election board; or
(2) board of elections and registration;
of a county subject to IC 3-11.5 may adopt a resolution to authorize
the circuit court clerk to use an electronic voting system for voting by
absentee ballot in the office of the circuit court clerk or board of
elections and registration.
(b) A resolution adopted under this section must be adopted by the
unanimous vote of the board's entire membership.
(c) A resolution adopted under this section must provide procedures
to do the following:
(1) Secure absentee votes cast on an electronic voting system that
provide protection comparable to the protection provided to
absentee votes cast by paper ballot.
(2) Compare the signature on an absentee ballot application
with the applicant's signature on the applicant's voter
registration application.
(3) Ensure that an invalid ballot (as determined under
IC 3-11.5) is not counted.
(d) A resolution adopted under this section may contain other
provisions the board considers useful.
(e) If a resolution is adopted under this section, the circuit court
clerk may use as many electronic voting machines for recording
absentee votes as the clerk considers necessary, subject to the
resolution adopted by the board.
(f) Notwithstanding any other law, an absentee ballot voted on an
electronic voting system under this section is not required to bear the
seal, signature, and initials prescribed by section 27 of this chapter.
(g) If a resolution is adopted under this section, the procedure for
casting an absentee ballot on an electronic voting system must, except
as provided in this section, be substantially the same as the procedure
for casting an absentee ballot in the office of the circuit court clerk
under section 26 of this chapter.
SECTION 46. IC 3-11-10-28, AS AMENDED BY P.L.209-2003,
SECTION 148, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 28. (a) A voter voting before an
absentee voter board shall mark the voter's ballot in the presence of the
board, but not in such a manner that either of the members of the board
can see for whom the voter voted, unless the voter requests the help of
the board in marking a ballot under IC 3-11-9.
(b) The voter shall then, in the presence of the board, place the
ballot in an envelope furnished by the county election board.
(c) The circuit court clerk shall provide, to the extent practicable,
the same degree of privacy to absentee voters voting at the office of the
circuit court clerk as provided to voters at the polls on election day.
(d) This subsection applies to a voter required to present additional
information under IC 3-7-33-4.5. If the voter does not present the
required additional information before receiving the absentee ballot,
the absentee ballot shall be processed as a provisional ballot under
IC 3-11.7. in accordance with section 4.5(d) of this chapter.
(e) Upon accepting the completed absentee ballot from the voter, the
board shall provide the voter with a notice:
(1) listing the documentation the voter may submit to the county
voter registration office to comply with IC 3-7-33-4.5; and
(2) stating the address and hours of the county voter registration
office.
SECTION 47. IC 3-11-10-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 37. (a) Not later
than noon ten (10) days before absentee voting begins under section 26
of this chapter, each county election board shall notify the county
chairmen of the two (2) political parties that have appointed members
on the county election board of the number of absentee voter boards to
be appointed under section 36 of this chapter.
(b) The county chairmen shall make written recommendations for
the appointments to the county election board not later than noon three
(3) days before absentee voting begins under section 26 of this chapter.
The county election board shall make the appointments as
recommended. If a county chairman fails to make any
recommendations, then the county election board may appoint any
voters of the county who comply with section 36 of this chapter.
SECTION 48. IC 3-11-13-23, AS AMENDED BY P.L.26-2000,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23. (a) The two (2) appointed members of the
county election board shall observe the test required by section 22 of
this chapter and certify the test as meeting the requirements of section
22 of this chapter.
(b) A copy of the certification of the test conducted under section
22(b) of this chapter shall be transmitted to the election division
immediately, and another copy shall be filed with the election returns.
(c) The test must be open to representatives of political parties,
candidates, the media, and the public.
SECTION 49. IC 3-11.5-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
article, "central location for counting absentee ballots" refers to a
location for counting absentee ballots that a county election board in a
pilot county must establish under IC 3-11.5-1-3. this article.
SECTION 50. IC 3-11.5-4-13, AS AMENDED BY P.L.1-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) If the absentee ballot counters find
under section 11 of this chapter that any of the following applies, the
ballots shall be rejected:
(1) The affidavit is insufficient or that the ballot has not been
endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the
office of the clerk of the circuit court under IC 3-11-4-19 or
IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting
the voter under IC 3-11-10-25; or
(C) the two (2) appointed members of the county election
board or their designated representatives under IC 3-11-4-19.
(2) The signatures do not correspond or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by fax
to be rejected because the ballot was sealed in the absentee ballot
envelope by the individual designated by the circuit court to
receive absentee ballots transmitted by fax.
(7) The ballot envelope contains more than one (1) ballot of any
kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not
previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate.
(9) The ballot has been challenged and not supported.
must be determined using the procedures for counting a
provisional ballot under IC 3-11.7.
SECTION 52. IC 3-11.5-4-23, AS AMENDED BY P.L.38-1999,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23. (a) Not later than noon ten (10) days
before absentee voting begins under IC 3-11-10-26, each county
election board shall notify the county chairmen of the two (2) political
parties that have appointed members on the county election board of
the number of:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
to be appointed under section 22 of this chapter.
(b) The county chairmen shall make written recommendations for
the appointments to the county election board not later than noon three
(3) days before absentee voting begins under IC 3-11-10-26. The
county election board shall make the appointments as recommended.
(c) If a county chairman fails to make any recommendations, then
the county election board may appoint any voters of the county who
comply with section 22 of this chapter.
SECTION 53. IC 3-11.7-1-5, AS AMENDED BY P.L.209-2003,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 5. (a) Provisional ballots for:
(1) Electors for President and Vice President of the United States;
(2) United States Senator;
(3) United States Representative;
(4) all state offices; and
(5) the ratification or rejection of a public question to be voted for
by the electorate of the entire state or for the retention of a judge
of the Indiana supreme court or the Indiana court of appeals;
shall be prepared and printed under the direction of the election
division.
(b) The election division shall have the ballots printed upon
certification of the political party tickets, independent candidates, and
public questions.
(c) Ballots prepared under this section must provide space for the
provisional voter to cast a write-in ballot for each office.
(d) The provisional ballots that are prepared and printed under this
section shall be delivered to the circuit court clerk or the clerk's
authorized deputy not later than forty-five (45) days before a general
election or twenty-nine (29) days before a special election. The
provisional ballots shall be delivered in the same manner that other
official ballots are delivered.
(e) This subsection applies to the printing of provisional ballots
for a general election in which the names of the nominees for
President and Vice President of the United States are to be printed
on the ballot. The provisional ballots that are prepared and printed
under this section must be delivered to the circuit court clerk or the
clerk's authorized deputy not later than thirty-eight (38) days
before the general election.
SECTION 54. IC 3-11.7-1-6, AS ADDED BY P.L.126-2002,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6. (a) All provisional ballots other than those
described in section 5 of this chapter shall be prepared and printed
under the direction of each county election board.
(b) After completing the estimate required by section 4 of this
chapter, the county election board shall immediately prepare the ballots
and have the ballots printed.
(c) Ballots prepared by the county election board under this section
must provide space for the voter to cast a write-in ballot.
(d) The provisional ballots that are prepared and printed under this
section shall be delivered to the circuit court clerk not later than:
(1) forty-five (45) days before a general, primary, or municipal
election; or
(2) thirty-two (32) days before a special election.
(e) This subsection applies to the printing of provisional ballots
for a general election in which the names of the nominees for
President and Vice President of the United States are to be printed
on the ballot. The provisional ballots that are prepared and printed
under this section must be delivered to the circuit court clerk or the
clerk's authorized deputy not later than thirty-eight (38) days
before the general election.
SECTION 55. IC 3-11.7-3-2, AS ADDED BY P.L.126-2002,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. An otherwise qualified person is eligible to
serve as a counter unless the person:
(1) is unable to read, write, and speak the English language;
(2) has any property bet or wagered on the result of the election;
(3) is a candidate to be voted for at the election in any part of the
county, except as an unopposed candidate for precinct
committeeman or state convention delegate; or
(4) is the spouse, parent, father-in-law, mother-in-law, child,
son-in-law, daughter-in-law, grandparent, grandchild, brother,
sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece
of a candidate or declared write-in candidate to be voted for at the
election in any part of the county, except as an unopposed
candidate. This subdivision disqualifies a person whose
relationship to the candidate is the result of birth, marriage, or
adoption.
SECTION 56. IC 3-11.7-3-5, AS AMENDED BY P.L.209-2003,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. If a county chairman fails to
make any recommendations not later than the deadline specified under
section 4 of this chapter, the county election board may appoint any
voters of the county who comply with section 2 of this chapter.
SECTION 57. IC 3-11.7-5-1, AS ADDED BY P.L.126-2002,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. (a) After the close of the polls, provisional
ballots shall be counted as provided in this chapter.
(b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed
under IC 1-1-9, all provisional ballots must be counted by not later
than noon on the Monday following the election.
SECTION 58. IC 3-12-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Each
petitioner shall furnish a cash deposit or file a bond with corporate
surety to the approval of the court for the payment of all costs of the
recount. The minimum amount of the cash deposit or bond is one
hundred dollars ($100).
(b) This subsection applies if, on the face of the election returns, the
difference between the number of votes cast for the candidate
nominated or elected and the petitioner is not more than one percent
(1%) of the total votes cast for all candidates for the nomination or
office. If the number of precincts to be recounted exceeds ten (10), the
amount of the deposit or bond shall be increased by ten dollars ($10)
for each precinct in excess of ten (10).
(c) This subsection applies if, on the face of the election returns, the
difference between the number of votes cast for the candidate
nominated or elected and the petitioner is more than one percent (1%)
of the total votes cast for all candidates for the nomination or
office. If the number of precincts to be recounted exceeds ten (10), the
amount of the deposit or bond shall be increased by one hundred
dollars ($100) for each precinct in excess of ten (10).
(d) If a petition is joint, a joint bond may be furnished.
(e) The costs of a recount may include the following:
(1) Compensation of recount commissioners.
(2) Compensation of additional employees required to conduct the
recount, including overtime payments to regular employees who
are eligible to receive such payments.
(3) Postage and telephone charges directly related to the recount.
(f) The costs of a recount may not include the following:
(1) General administrative costs.
(2) Security.
(3) Allowances for meals or lodging.
(g) If the recount results in a reduction of at least fifty percent (50%)
but less than one hundred percent (100%) of the margin of the total
certified votes, the petitioner shall receive a refund of that percentage
of the unexpended balance. If after a recount, it is determined that a
petitioner has been nominated or elected, the deposit or the bond
furnished by that petitioner shall be returned to that petitioner in full.
(h) Any unexpended balance remaining in a deposit after payment
of all costs of the recount and the refund, if a refund is made, shall be
deposited in the county general fund.
SECTION 59. IC 3-12-8-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) A contest
shall be heard and determined by the court without a jury subject to the
Indiana Rules of Trial Procedure.
(b) The court shall determine the issues raised by the petition and
answer to the petition.
(c) After hearing and determining a petition alleging that a
candidate is ineligible, the court shall declare as elected or nominated
the qualified candidate who received the highest number of votes and
render judgment accordingly.
(d) If the court finds that:
(1) a mistake in the printing or distribution of the ballots used in
the election;
(2) a mistake in the programming of a voting machine or an
electronic voting system; or
(3) a malfunction of a voting machine or an electronic voting
system; or
(4) the occurrence of a deliberate act or series of actions;
makes it impossible to determine which candidate received the highest
number of votes, the court shall order that a special election be
conducted under IC 3-10-8.
(e) The special election shall be conducted in the precincts
identified in the petition in which the court determines that:
(1) ballots containing the printing mistake or distributed by
mistake were cast;
(2) a mistake occurred in the programming of a voting machine
or an electronic voting system; or
(3) a voting machine or an electronic voting system
malfunctioned; or
(4) the deliberate act or series of actions occurred.
SECTION 60. IC 3-12-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) The fiscal body
of a political subdivision that receives notice under section 3 of this
chapter shall resolve the tie vote by electing a person to fill the office
at its organizational meeting in January not later than December 31
following the election at which the tie vote occurred. The fiscal body
shall select one (1) of the candidates who was involved in the tie vote
to fill the office. If a tie vote has occurred for the election of more
than one (1) at-large seat on a legislative or fiscal body, the fiscal
body shall select the number of individuals necessary to fill each of
the at-large seats for which the tie vote occurred. However, a
member of a fiscal body who runs for reelection and is involved in a tie
vote may not cast a vote under this section.
(b) The executive of the political subdivision (other than a town)
may cast the deciding vote to break a tie vote in a fiscal body acting
under this section. The clerk-treasurer of the town may cast the
deciding vote to break a tie vote in a town fiscal body acting under this
section.
SECTION 61. IC 3-12-10-12, AS AMENDED BY P.L.176-1999,
SECTION 106, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The expenses of a
recount conducted by the state recount commission shall be paid from
the state recount fund following the commission's determination of
whether a full or partial refund of the cash deposit should be granted
under IC 3-12-11-10.
(b) The expenses of a contest conducted by the state recount
commission shall be paid from the state recount fund.
(c) Notwithstanding subsections (a) and (b), the expenses
incurred by a party to a recount or contest for:
(1) the appearance of an individual; or
(2) the copying or production of documents;
in response to a subpoena approved by the state recount
commission shall be borne by that party and are not subject to
reimbursement under this chapter.
(d) A person (other than a party to a recount or contest) who claims
reimbursement of expenses described by subsection (a) or (b) must
submit a claim to the state recount commission not later than noon
sixty (60) days after the commission adopts a final order concerning the
recount or contest. If the commission approves the claim, the treasurer
of state shall issue a warrant to the person in accordance with
IC 5-13-5.
(d) (e) There is appropriated to the state recount fund from the state
general fund an amount sufficient for the state recount commission's
use in the payment of expenses under this section.
SECTION 62. IC 3-12-11-10, AS AMENDED BY P.L.176-1999,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Each petitioner shall
furnish a cash deposit for the payment of costs of the recount
chargeable to the petitioner. The minimum amount of the cash deposit
is one hundred dollars ($100). The cash deposit shall be deposited in
the state recount fund.
(b) This subsection applies only to a recount of an election for
nomination or election to either of the following:
(1) A legislative office in which, on the face of the election
returns, the difference between the number of votes cast for the
candidate nominated or elected and the petitioner is not more than
one percent (1%) of the total votes cast for all candidates for
the nomination or office.
(2) An office other than a legislative office in which, on the face
of the election returns, the difference between the number of votes
cast for the candidate nominated or elected and the petitioner is
not more than one percent (1%) of the total votes cast for all
candidates for the nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount
of the deposit shall be increased by ten dollars ($10) for each precinct
in excess of ten (10).
(c) This subsection applies only to a recount of an election for
nomination or election to either of the following:
(1) A legislative office in which, on the face of the election
returns, the difference between the number of votes cast for the
candidate nominated or elected and the petitioner is more than
one percent (1%) of the total votes cast for the nomination or
office.
(2) An office other than a legislative office in which, on the face
of the election returns, the difference between the number of votes
cast for the candidate nominated or elected and the petitioner is
more than one percent (1%) of the total votes cast for the
nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount
of the deposit shall be increased by one hundred dollars ($100) for each
precinct in excess of ten (10).
(d) If after a recount, it is determined that a petitioner has been
nominated or elected, the deposit furnished by that petitioner shall be
returned to that petitioner in full.
(e) Any unexpended balance remaining in a deposit after payment
of the costs of the recount shall be returned to the depositor in the
following manner:
(1) If the recount results in a reduction of at least fifty percent
(50%) but less than one hundred percent (100%) of the margin of
the total certified votes, the petitioner shall receive a refund of
that percentage of the unexpended balance.
(2) If after a recount, it is determined that a petitioner has been
nominated or elected, the deposit or the bond furnished by that
petitioner shall be returned to that petitioner in full.
(3) Any unexpended balance remaining after the provision of
subdivision (1) has been satisfied shall be deposited in the state
recount fund.
SECTION 63. IC 3-12-11-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. (a) When a
recount is completed by the state recount commission or its designee,
the commission shall:
(1) make and sign a certificate showing the total number of votes
received in the precincts by each candidate for nomination or
election to the office;
(2) state in its certificate the candidate who received the highest
number of votes in the precincts for nomination or election to the
office and by what plurality; and
(3) file its certificate with the election division.
(b) When a contest proceeding in which a candidate is alleged to be
ineligible is completed by the state recount commission or its designee,
the commission shall make a final determination concerning the
eligibility of the candidate for nomination or election to the office.
(c) If the state recount commission or its designee determines that:
(1) a mistake was made in the printing or distribution of ballots
used in the election;
(2) a mistake was made in the programming of a voting
machine or an electronic voting system;
(3) a voting machine or an electronic voting system
malfunctioned; or
(4) a deliberate act or series of actions occurred;
that makes it impossible to determine which candidate received the
highest number of votes cast, the commission shall order that a special
election be conducted under IC 3-10-8.
(d) The special election ordered under subsection (c) shall be
held in the precincts identified in the petition in which the commission
determines that: ballots:
(1) ballots containing the printing mistake or (2) distributed by
mistake were cast;
(2) a mistake occurred in the programming of a voting
machine or an electronic voting system;
(3) a voting machine or an electronic voting system
malfunctioned; or
(4) a deliberate act or series of actions occurred.
SECTION 64. IC 3-12-11-19.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 19.5. As required under
3 U.S.C. 5, any recount or contest proceeding concerning the election
of presidential electors must be concluded not later than six (6) days
before the third Tuesday in December following the general election at
which the electors were elected. time fixed by federal law for the
meeting of the electors.
SECTION 65. IC 3-13-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. The selection
of a person as a candidate under this chapter is not effective unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions of
nomination must be filed; and
(B) not later than when the certificate is filed; and
(2) the candidate has complied with any requirement under
IC 3-8-1-33 to file a statement of economic interests.
SECTION 66. IC 3-13-7-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. (a) This section does not apply to a
school board office.
(b) This section applies to a vacancy in an elected office in a
political subdivision:
(1) in which each candidate is required by statute to be placed
on the ballot as a nonpartisan candidate for the office; and
(2) for which this article does not otherwise provide a method
for filling.
(c) The vacancy shall be filled as follows:
(1) The remaining members of the body shall fill the vacancy
by a majority of the votes of the remaining members of the
body.
(2) If there are no remaining members of the body, the county
executive of the county containing the greatest percentage of
the population of the political subdivision shall fill the vacancy
in the manner provided by section 2 of this chapter.
SECTION 67. IC 3-13-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. (a) A vacancy in the
office of township trustee:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but that exists after
the thirtieth day after the vacancy occurs;
shall be filled by the board of commissioners of the county at a regular
or special meeting.
(b) The county auditor shall give notice of the meeting, which shall
be held within thirty (30) days after the vacancy occurs. The notice
must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten
(10) days before the meeting.
SECTION 68. IC 3-13-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) A vacancy on the
township board of a township:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but that exists after
the thirtieth day after the vacancy occurs;
shall be filled by the board of commissioners of the county at a regular
or special meeting.
(b) The county auditor shall give notice of the meeting, which shall
be held within thirty (30) days after the vacancy occurs. The notice
must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten
(10) days before the meeting.
SECTION 69. IC 3-13-11-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) This
section does not apply to the office of a judge.
(b) Subject to sections 13 through 17 of this chapter, the chief
deputy employee of the office that is vacant assumes the duties of that
office for the period of time between when a vacancy occurs and when
the office is filled under this chapter in a circuit, county, city, or town,
office, or in the office of township trustee. office.
SECTION 70. IC 3-13-11-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) This
section does not apply to the office of a judge.
(b) In accordance with section 12 of this chapter, if a chief deputy
employee does not exist in a circuit or county office, or the chief
deputy employee declines or is ineligible to serve, the board of county
commissioners shall appoint, as soon as is reasonably possible, a
person to assume the duties of the office until the office is filled under
this chapter.
(c) If a circuit contains more than one (1) county, the boards of
county commissioners of the counties shall meet in joint session at
the county seat of the county that contains the greatest percentage
of population of the circuit to appoint an individual under this
section.
SECTION 71. IC 3-13-11-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) This
section does not apply to the office of a judge or a township board
member.
(b) In accordance with section 12 of this chapter, if a chief deputy
employee does not exist in the a township office of township trustee,
or the chief deputy employee declines or is ineligible to serve, the
chairman of the township board assumes the duties of the township
trustee office until the office is filled under this chapter.
SECTION 72. IC 3-14-3-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. A person not
authorized by this title who recklessly:
(1) enters the polls;
(2) enters within the railing leading from the challenge window
or door to the entrance of the polls without having been passed by
the challengers or having been sworn in; or
(3) remains within the polls or within fifty (50) feet of the
entrance to the polls chute in violation of IC 3-11-8-15 or
IC 3-11-8-16;
commits a Class A misdemeanor.
SECTION 73. IC 4-2-6-8, AS AMENDED BY P.L.44-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) The following persons shall file a
written financial disclosure statement:
(1) The governor, lieutenant governor, secretary of state, auditor
of state, treasurer of state, attorney general, and state
superintendent of public instruction.
amounting to five thousand dollars ($5,000) or more or
comprising ten percent (10%) of the state officer's, candidate's, or
the employee's net worth or the net worth of that individual's
spouse or unemancipated children. An individual's primary
personal residence need not be listed, unless it also serves as
income property.
(3) The names and the nature of the business of the employers of
the state officer, candidate, or the employee and that individual's
spouse.
(4) The following information about any sole proprietorship
owned or professional practice operated by the state officer,
candidate, or the employee or that individual's spouse:
(A) The name of the sole proprietorship or professional
practice.
(B) The nature of the business.
(C) Whether any clients are known to have had a business
relationship with the agency of the state officer or employee or
the office sought by the candidate.
(D) The name of any client or customer from whom the state
officer, candidate, employee, or that individual's spouse
received more than thirty-three percent (33%) of the state
officer's, candidate's, employee's, or that individual's spouse's
nonstate income in a year.
(5) The name of any partnership of which the state officer,
candidate, or the employee or that individual's spouse is a member
and the nature of the partnership's business.
(6) The name of any corporation (other than a church) of which
the state officer, candidate, or the employee or that individual's
spouse is an officer or a director and the nature of the
corporation's business.
(7) The name of any corporation in which the state officer,
candidate, or the employee or that individual's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000). A time
or demand deposit in a financial institution or insurance policy
need not be listed.
(8) The name and address of the most recent former employer.
(9) Additional information that the person making the disclosure
chooses to include.
Any such state officer, candidate, or employee may file an amended
statement upon discovery of additional information required to be
reported.
among those having the greatest number of votes, the lowest of those
candidates from such board member district in excess of such
maximum number shall be eliminated in determining the candidates
who are elected. In the event of a tie vote for any of said candidates, the
judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall select
one (1) of said candidates who shall be declared and certified elected.
(d) If at any time after the first board member election there shall
occur a vacancy on the board for any reason including but not limited
to the failure of the sufficient number of petitions for candidates being
filed, and whether the vacating member was elected or appointed, the
remaining members of the metropolitan board of education, whether or
not a majority of the board, shall by a majority vote fill such vacancy
by appointing a person from the board member district from which the
person who vacated the board membership was elected, or if such
person was appointed, the board member district from which the last
elected predecessor of such person was elected. In the event of a tie
vote among the remaining members of the board or their failure to act
within thirty (30) days after any such vacancy occurs, it shall be the
duty of the judge of the circuit court in the county where the majority
of registered voters of the metropolitan school district reside to make
such appointment. A successor to such appointive board member shall
be elected at the next primary election which is held more than sixty
(60) days after any elected board member vacates membership on the
board; or at the primary election held immediately prior to the end of
the term for which such vacating member was elected, whichever is
sooner. Unless such successor takes office at the end of the term of
such vacating member, the member shall serve only for the balance of
such term. In any election of a successor board member to fill a
vacancy for a two (2) year balance of a term, nominating petitions for
school board membership candidacy need not be filed for or with
reference to the vacancy. However, as required by IC 3-11-2-14.5,
candidates for at-large seats shall be distinguished on the ballot
from candidates for district seats. If there is more than one (1) at-
large seat on the ballot due to this vacancy, the elected candidate
who receives the lowest number of votes at the election at which such
successor is elected shall serve for such two (2) year term.
(e) At the first primary election wherein members of the
metropolitan board of education shall be elected under this section, a
simple majority of the elected candidates, consisting of those elected
candidates who receive the highest number of votes, shall be elected
for four (4) year terms and the balance of the elected candidates,
consisting of those who received the lowest number of votes, shall be
elected for two (2) year terms. All candidates for membership on the
metropolitan board of education shall be voted upon by the voters of
the entire district, shall be elected for four (4) year terms after the first
election and shall take office and assume their duties July 1 following
their election.
SECTION 75. IC 36-2-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) To be eligible for
election to the executive, a person must meet the qualifications
prescribed by IC 3-8-1-21.
(b) A member of the executive must reside within:
(1) the county as provided in Article 6, Section 6 of the
Constitution of the State of Indiana; and
(2) the district from which the member was elected.
(c) If the person does not remain a resident of the county and district
after taking office, the person forfeits the office. The county fiscal body
shall declare the office vacant whenever a member of the executive
forfeits office under this subsection.
(d) In a county having a population of:
(1) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three
hundred thousand (300,000);
one (1) member of the executive shall be elected by the voters of each
of the three (3) single-member districts established under section 4(b)
or 4(c) of this chapter. In other counties, all three (3) members of the
executive shall be elected by the voters of the whole county.
(e) A member of the executive who wants to resign must send
written notice to the president of the county fiscal body. The fiscal
body shall then declare the member's office vacant.
SECTION 76. IC 36-2-16-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A deputy
appointed under this chapter may be required to give a bond, in
accordance with IC 5-4-1, for the proper discharge of his the deputy's
duties. as a deputy.
(b) If required under IC 5-4-1-1, a deputy appointed under this
chapter shall take the oath required of the officer who appointed him.
the deputy.
SECTION 77. IC 36-4-3-5, AS AMENDED BY P.L.173-2003,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. (a) If the owners of land located outside of but
contiguous to a municipality want to have territory containing that land
annexed to the municipality, they may file with the legislative body of
the municipality a petition:
(1) signed by at least:
(A) fifty-one percent (51%) of the owners of land in the
territory sought to be annexed; or
(B) the owners of seventy-five percent (75%) of the total
assessed value of the land for property tax purposes; and
(2) requesting an ordinance annexing the area described in the
petition.
(b) The petition circulated by the landowners must include on each
page where signatures are affixed a heading that is substantially similar
to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether city
or town) OF (insert name of city or town).".
(c) Except as provided in section 5.1 of this chapter, if the
legislative body fails to pass the ordinance within one hundred fifty
(150) days after the date of filing of a petition under subsection (a), the
petitioners may file a duplicate copy of the petition in the circuit or
superior court of a county in which the territory is located, and shall
include a written statement of why the annexation should take place.
Notice of the proceedings, in the form of a summons, shall be served
on the municipality named in the petition. The municipality is the
defendant in the cause and shall appear and answer.
(d) Except as provided in subsection (e), the court shall hear and
determine the petition without a jury, and shall order the proposed
annexation to take place only if the evidence introduced by the parties
establishes that:
(1) essential municipal services and facilities are not available to
the residents of the territory sought to be annexed;
(2) the municipality is physically and financially able to provide
municipal services to the territory sought to be annexed;
(3) the population density of the territory sought to be annexed is
at least three (3) persons per acre; and
(4) the territory sought to be annexed is contiguous to the
municipality.
If the evidence does not establish all four (4) of the preceding factors,
the court shall deny the petition and dismiss the proceeding.
(e) This subsection applies to an annexation of territory if at
least fifty percent (50%) of the external boundaries of the territory
(without considering any part of the territory's boundary that is
contiguous to a county boundary) are contiguous to the boundaries
of the annexing municipality. The court shall hear and determine
the petition without a jury and shall order the proposed annexation
to take place only if the evidence introduced by the parties
establishes that:
(1) the municipality is physically and financially able to
provide municipal services to the territory sought to be
annexed;
(2) the population density of the territory sought to be
annexed is at least three (3) persons per acre; and
(3) the territory sought to be annexed is contiguous to the
municipality.
If the evidence does not establish all the factors described in
subdivisions (1) through (3), the court shall deny the petition and
dismiss the proceeding.
(f) This subsection does not apply to a town that has abolished town
legislative body districts under IC 36-5-2-4.1. An ordinance adopted
under this section must assign the territory annexed by the ordinance
to at least one (1) municipal legislative body district.
SECTION 78. IC 36-4-3-11, AS AMENDED BY P.L.173-2003,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 11. (a) Except as provided in section 5.1(i) of this
chapter and subsection (d), whenever territory is annexed by a
municipality under this chapter, the annexation may be appealed by
filing with the circuit or superior court of a county in which the
annexed territory is located a written remonstrance signed by:
(1) at least:
(A) sixty-five percent (65%) of the owners of land in the
annexed territory; or
(B) fifty-one percent (51%) of the owners of land in the
annexed territory, if the annexing municipality is in a
county contiguous to a county containing a consolidated
city; or
(2) the owners of more than:
(A) seventy-five percent (75%) in assessed valuation of the
land in the annexed territory; or
(B) sixty percent (60%) in assessed valuation of the land in
the annexed territory, if the annexing municipality is in a
county contiguous to a county containing a consolidated
city.
The remonstrance must be filed within ninety (90) days after the
publication of the annexation ordinance under section 7 of this chapter,
must be accompanied by a copy of that ordinance, and must state the
reason why the annexation should not take place.
the boundaries of one (1) or more municipalities. At the hearing under
section 12 of this chapter, the court shall do the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court
finds that all of the following conditions exist in the territory
proposed to be annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(C) One (1) of the following opposes the annexation:
(i) A majority of the owners of land in the territory proposed
to be annexed.
(ii) The owners of more than seventy-five percent (75%) in
assessed valuation of the land in the territory proposed to be
annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(h) The most recent:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
shall be used as evidence of resident population density for purposes
of subsection (b)(2)(A), but this evidence may be rebutted by other
evidence of population density.
SECTION 80. An emergency is declared for this act.