accessIndiana

1997 Indiana Election Legislation Summary

Prepared by J. Bradley King, Co-General Counsel

Indiana Election Commission

This document summarizes the election-related legislation that passed the Indiana General Assembly and became law in 1997.

The following seven bills amended the election code (IC 3): SEA 7 (Public Law 2-1997), a technical correction bill changing several references to the former State Election Board and its Executive Director; HEA 1844 (Public Law 3-1997), an omnibus elections bill which makes numerous changes in election law; HEA 1783 (Public Law 6-1997), an omnibus real property tax bill which makes numerous changes in cumulative fund tax rates to reflect the change in the assessed valuation of real property from 33.33% of true tax value to 100% of true tax value; HEA 1542 (Public Law 10-1997), an omnibus bill concerning local government finance; HEA 1275 (Public Law 11-1997), a bill concerning the qualifications for serving as a precinct inspector; HEA 1072 (Public Law 12-1997), a bill concerning candidates for city court judges and qualifications for individuals to serve as a city court judge; and SEA 5-1997(ss) (Public Law 253-1997(ss)), a technical correction bill enacted during the special session of the general assembly which amends incorrect cross references contained in election legislation passed during the regular session.

Five bills affecting election law amended or added statutes outside of the election code: HEA 1109 (Public Law 71-1997), which amends the standards for classifying municipalities as second or third class cities; HEA 1969 (Public Law 73-1997), which permits an individual serving as an elected official of a "municipal corporation" (such as a city, town, or school corporation) to be issued a beer retailer's permit; HEA 1171 (Public Law 136-1997), which concerns votes on public questions by land occupiers of soil and water conservation districts; HEA 1661 (Public Law 153-1997), which changes the composition and election procedures of the Gary school board; and SEA 50 (Public Law 154-1997), which permits an additional option for the election of school board members.

Senate Joint Resolution 3 (P.L. 251-1997), a proposed state constitutional amendment which would permit an individual serving as secretary of state, treasurer of state, or auditor of state to reside anywhere in Indiana, and Senate Joint Resolution 10 (P.L. 252-1997), a proposed state constitutional amendment concerning the protection of voting rights and amending several election related provisions of the State Constitution, were approved by a second consecutively elected general assembly, and are required to be placed on the ballot for a vote by the electorate.

To obtain a copy of these bills and joint resolutions, contact the Legislative Information Center, 200 W Washington St Ste 230, Indianapolis, Indiana 46204-2731; (317) 232-9856, or download these documents from the Access Indiana homepage: www.ai.org/legislative.

NOTE: On August 5, 1997, federal legislation took effect which provided that "an election official or election worker" is not eligible for federal unemployment benefits "if the amount of remuneration received by the individual during the calendar year for services is less than $1,000." (P.L. 105-33, Sec. 5405)
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ABSENTEE BALLOT VOTING
1. Any county may process absentee ballots in accordance with "central count" procedures, in which absentee ballots are retained by the county election board and never sent to the precincts. A county may use the central count procedures after the county election board adopts a resolution to do so by unanimous vote of the board's entire membership. (The former provisions establishing a five county "pilot program" for the central count procedure have been repealed.)

A county election board may not adopt a central count resolution less than 60 days before an election, or less than 14 days after an election. The resolution takes effect immediately, and may only be rescinded by the unanimous vote of the entire membership of the county election board. A copy of the resolution must be filed with the election division (rather than the Indiana election commission.

When the teams of absentee ballot counters begin processing ballots, the teams must begin by counting the votes on absentee ballots printed by the election division (rather than the commission). (IC 3-11.5-1-1.1, IC 3-11.5-1-4, IC 3-11.5-5-1, and IC 3-11.5-6-1, as amended by HEA 1844, SECTIONS 333-335, and 337. Effective July 1, 1997. IC 3-11.5-5-4, as amended by HEA 1844, SECTION 336. Effective retroactive to January 1, 1997. IC 3-11.5-1-2, IC 3-11.5-1-2.1, IC 3-11.5-1-3, IC 3-11.5-2-3, and IC 3-11.5-2-4, repealed by HEA 1844, SECTION 476. Effective July 1, 1997.)

2. A county election board shall determine if an applicant for an absentee ballot is a registered voter of the precinct in which the applicant resides, according to the records of the county voter registration office. If the applicant is not a voter of the precinct, the county election board shall deny the application. (IC 3-11-4-17.5, as added by HEA 1844, SECTION 279. Effective July 1, 1997.)

3. If an applicant for an absentee ballot is a registered voter of the precinct in which the applicant resides, according to the records of the county voter registration office, but states on the application that the voter now resides at a different address within the same precinct, the county election board shall direct the county voter registration office to transfer the applicant's voter registration address to the address within the precinct shown on the application, and to approve the application if the voter is otherwise eligible. (IC 3-11-4-17.5, as added by HEA 1844, SECTION 279. Effective July 1, 1997.)

4. If a voter applies for an absentee ballot, and requests that the ballot be mailed to the voter, the absentee ballot application must be received by the circuit court clerk no later than midnight on the eighth day (rather than the fifth day) before the election. (However, this revised deadline does not apply to an absentee ballot application from an individual who both: (1) is a confined voter or person caring for a confined voter; and (2) resides in either Lake County or Marion County.)

In Marion County, if a confined voter or a person caring for a confined voter applies for an absentee ballot, the circuit court clerk may accept: (1) a hand delivered application on behalf of the voter no later than 10 p.m. on the fifth day (rather than the third day) before the election; or (2) a mailed application from the voter no later than 10 p.m. on the eighth day (rather than the third day) before the election.

In Lake County, if a confined voter or a person caring for a confined voter applies for an absentee ballot, the chief deputy of the combined board (rather than the circuit court clerk) may accept an application from the voter no later than 10 p.m. on the fourth day before the election. (This deadline was not changed from current previous law). (IC 3-11-4-3, as amended by HEA 1844, SECTION 273. Effective July 1, 1997.)

5. The definitions of "absent uniformed services voter", "overseas voter", "uniformed services", and "United States" used in the federal law permitting certain military and civilian voters to cast absentee ballots are set forth in Indiana law (Former law merely incorporated the federal law definitions of "absent uniformed services voter" and "overseas voter" by reference.) (IC 3-5-2-1.5 and IC 3-5-2-34.5, as amended by HEA 1844, SECTIONS 3 and 12. IC 3-5-2-49.3 and IC 3-5-2-49.6, as added by HEA 1844, SECTIONS 15 and 16. Effective July 1, 1997.)

6. An "absent uniformed services voter" or an "overseas voter" may apply for an absentee ballot at any time by filing a standard form approved under federal law. (Former law permitted a military voter or overseas voter to apply after the November 20 preceding the election by completing a blank absentee ballot application provided by a county election board.) (IC 3-11-4-6, and IC 3-11-4-8, as amended by HEA 1844, SECTIONS 274-275. Effective July 1, 1997.)

7. The election division (rather than the Indiana election commission) prints special write-in absentee ballots to permit an "absent uniformed services voter" or an "overseas voter" who will be outside of the United States on general election day to cast a write-in vote for statewide offices and for each public question to be voted on by the electorate of the entire state. The special absentee ballots must be delivered to the circuit court clerk or the clerk's authorized deputy by the election division (rather than the commission), and must include a notice stating that regular absentee ballots will be mailed to the voter by the appropriate county election board as soon as the ballots are available. (IC 3-11-4-12 and IC 3-11-4-13, as amended by HEA 1844, SECTIONS 276-277. Effective retroactive to January 1, 1997.)

8. An overseas voter who: (1) resides outside the United States; and (2) is no longer a resident of Indiana is only entitled to receive absentee ballots for a federal office. (IC 3-11-4-8, as amended by HEA 1844, SECTION 275. Effective July 1, 1997.)

9. An absentee ballot printed by the election division for a special election must be delivered to a circuit court clerk no later than 29 days (rather than 30 days) before the special election. An absentee ballot printed by a county election board for a special election must be delivered to the circuit court clerk at least 32 days (rather than 30 days) before a special election. (IC 3-11-4-13, as amended by HEA 1844, SECTION 277. Effective retroactive to January 1, 1997. IC 3-11-4-15, as amended by HEA 1844, SECTION 278. Effective July 1, 1997.)

10. An absentee ballot voter board in the office of the circuit court clerk (or the county election board under current law) shall check the signature of the absentee voter immediately upon receipt of an absentee ballot. If a member of the absentee voter board questions whether a signature is genuine, the matter shall be referred to the county election board for consideration. (IC 3-11-10-4 and IC 3-11-10-8, as amended by HEA 1844, SECTIONS 302-303. Effective July 1, 1997.)

11. A voter entitled to cast a replacement absentee ballot due to a ballot printing error must file a written request for a replacement absentee ballot with the circuit court clerk. If a replacement absentee ballot is issued, the county election board must enclose the replacement ballot in a secrecy envelope that contains a notation indicating that the envelope contains an official replacement ballot.

If the county election board receives both an original absentee ballot and an official replacement ballot from the same voter, the county election board shall reject the original absentee ballot and deliver only the official replacement ballot to a precinct election board. (IC 3-11-4-17.8, as added by HEA 1844, SECTION 280. Effective July 1, 1997. IC 3-11-10-1.5, as amendment by HEA 1844, SECTION 301. Effective July 1, 1997.)

12. The affidavit on an absentee ballot secrecy envelope must include a statement that, if the affidavit is signed by the voter's attorney in fact, the attorney in fact affirms that the voter personally marked the ballot in secret and enclosed the ballots in the envelope without showing the ballots to the attorney in fact or any other person. The attorney in fact must attach a copy of the power of attorney to the envelope. (IC 3-11-4-21, as amended by HEA 1844, SECTION 281. Effective July 1, 1997.)

13. A guardian or conservator of an individual may not sign an absentee ballot affidavit for the individual unless the guardian or conservator also holds a power of attorney permitting the guardian or conservator to sign the affidavit. (IC 3-11-4-21, as amended by HEA 1844, SECTION 281. Effective July 1, 1997.)

14. No later than noon 10 days before absentee voting begins, a county election board shall notify the county chairmen of each major political party of the number of absentee voter boards to be appointed. The county chairmen have until noon three days before absentee voting begins to make written recommendations for appointments to the absentee voter boards. (IC 3-11-10-36, as amended by HEA 1844, SECTION 309. Effective July 1, 1997.)

15. An otherwise qualified person may serve on an absentee voter board notwithstanding the fact that the absentee voter board member is the first cousin of a candidate. (IC 3-11-10-36, as amended by HEA 1844, SECTION 309. Effective July 1, 1997.)

16. For a special election on a local public question, a county election board may, by unanimous vote of the board's entire membership, provide that the bipartisan membership requirement does not apply for absentee voter board in the special election on the local public question. The resolution may not be rescinded, and expires the day following the special election. (IC 3-11-10-36, as amended by HEA 1844, SECTION 309. Effective July 1, 1997.)

17. A member of an absentee voter board is authorized to administer oaths and take acknowledgments for any purpose authorized under the election code. (IC 33-16-4-1, as amended by HEA 1844, SECTION 448. Effective retroactive to January 1, 1997.)

18. A voter with disabilities who is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope must vote before a traveling voter board. (IC 3-11-10-24, as amended by HEA 1844, SECTION 305. Effective July 1, 1997.)

19. An absentee voter board may not be denied access to a confined voter's place of confinement if the board is present at a time: (1) agreed to by the board; and (2) during the regular office hours of the circuit court clerk. A person who knowingly violates this provision commits obstruction or interference with an election officer in the discharge of the officer's duty under IC 3-14-3-4, a Class D felony. (IC 3-11-10-25, as amended by HEA 1844, SECTION 306. Effective July 1, 1997.)

20. Before an absentee ballot is voted before a travelling absentee voter board, the ballot must be initialed by either: (1) the absentee voter board visiting the voter; or (2) the county election board, or the board's designated representatives, if a county election board has adopted a resolution to provide the initialing of the ballots by the county election board. A resolution adopted to implement this procedure remains in effect until rescinded by the county election board. The election board may not rescind the resolution during the final sixty days before an election. (IC 3-11-10-27, as amended by HEA 1844, SECTION 308. Effective July 1, 1997.)

21. An absentee voter may vote before the absentee voter board in the circuit court clerk's office not more than 29 days (rather than 30 days) before election day. (IC 3-11-10-26, as amended by HEA 1844, SECTION 307. Effective July 1, 1997.)

22. "Electioneering" within the area in the office of the circuit court clerk used by an absentee voter board to permit an individual to cast an absentee ballot is a Class D felony. "Electioneering" occurs when a person expresses support or opposition to any candidate or political party or expresses approval or disapproval of any public question in any manner that could reasonably be expected to convey that support or opposition to another individual. (IC 3-14-3-16, as amended by HEA 1844, SECTION 405. Effective July 1, 1997.)

23. A member of an absentee voting board who knowingly induces or persuades a voter to vote for a candidate or for or against a public question commits a Class D felony. (IC 3-14-3-17, as amended by HEA 1844, SECTION 406. Effective July 1, 1997.)

24. An inspector may not accept or count an absentee ballot if the ballot has not been endorsed with the initials of either the two absentee voter board members in the circuit court clerk's office or the two appointed members of the county election board (or the election board's official representatives). (IC 3-11-10-17, as amended by HEA 1844, SECTION 304. Effective July 1, 1997.)

25. If a ballot card has been cast as an absentee ballot, and the stub has been detached from the ballot card, but the stub and ballot card have both been sealed within the absentee ballot secrecy envelope, the ballot card shall be counted if the ballot card would otherwise be a valid ballot. (IC 3-11-13-34.5, as added by HEA 1844, SECTION 324. Effective July 1, 1997.)

BALLOTS, FORMS, SUPPLIES, AND RECORD RETENTION
1. Whenever the Indiana election commission prescribes a new form or approves a revision to an existing form, a person must use the most recent version of the approved form to comply with the election code.

The commission must adopt an order specifying an effective date for the requirement to use the new or revised form. Before this requirement takes effect, the commission must transmit a copy of the order to each circuit court clerk, county voter registration office (if the form is a registration form), each state chairman of a major political party, and any other state party chairman who has requested copies of new or revised forms. The commission may delay the effective date of an order to use a new or revised form, or may permit an earlier version or an alternative version of the form to be used if an emergency requires use of the form before copies can be sent to the individuals entitled to receive copies of new and revised forms.

An office or election official shall reject a filing that does not comply with the requirement to use the most recent version of a form.

The current version of an Indiana election commission form (other than a form, according to the records of the forms management division on May 1, 1997, and other than a form designated obsolete, is considered approved, effective on May 13, 1997, without further action by the election commission under the new statutory procedures. (IC 3-5-4-8, as added by HEA 1844, SECTION 17. IC 3-6-4.1-14, as amended by HEA 1844, SECTION 24. Effective July 1, 1997. HEA 1844, SECTION 479. Effective May 13, 1997.)

2. A county voter registration office may not accept a photocopied application for voter registration by mail. The county voter registration office must send an application to the individual who submitted the photocopy. If the photocopy arrives before the deadline for registration, and, if no later than the date the certified poll lists are prepared, the individual returns the voter registration application subsequently sent by the county voter registration office, the individual is considered to have met the deadline for applying to register for the election. (IC 3-7-22-7, as amended by HEA 1844, SECTION 69. Effective July 1, 1997.)

3. The co-directors of the election division may require a person who requests more than 10,000 voter registration applications to submit a voter registration plan to document the need for these forms. (Former law permitted the commission to adopt rules concerning the submission of these plans). (IC 3-7-22-6, as amended by HEA 1844, SECTION 68. Effective retroactive to January 1, 1997.)

4. An individual who files a declaration of candidacy or a declaration of intent to be a write-in candidate, or for whom a certification of nomination or petition of nomination is filed, must separately sign a statement that the candidate: (1) is aware of the state laws concerning campaign finance and the reporting of campaign finance contributions and expenditures; and (2) agrees to comply with the campaign finance laws. The candidacy, certification, and petition forms prescribed by the Indiana election commission must include the dates for filing campaign finance reports and the penalties for late filing of the reports. (IC 3-8-2-2.5, IC 3-8-2-7, IC 3-8-6-12, and IC 3-8-7-8, as amended by HEA 1844, SECTIONS 118, 122, 149, and 154. Effective July 1, 1997.)

5. The commission (rather than the "state election board" or the "executive director of the state election board") prescribes the design of voter registration application forms. (IC 3-7-15-4, IC 3-7-15-5, IC 3-7-16-11, IC 3-7-16-12, IC 3-7-18-3, IC 3-7-18-4, IC 3-7-22-3, and IC 3-7-23-2, as amended by HEA 1844, SECTIONS 56-59, 62, 63, 66, and 70. Effective retroactive to January 1, 1997. IC 3-7-17-5, as amended by HEA 1844, SECTION 61. Effective July 1, 1997.)

6. A state income tax booklet must contain enough voter registration application forms to permit two persons to apply for voter registration. (Former law required the application form in these booklets to permit up to two persons to apply on the application.) Obsolete provisions in former law concerning the processing of these voter registration applications have been repealed. (IC 3-7-23-2, as amended by HEA 1844, SECTION 70. Effective retroactive to January 1, 1997. IC 3-7-23-4 and IC 3-7-23-5, repealed by HEA 1844, SECTION 475. Effective May 13, 1997.)

7. On a mail-in application for voter registration, language concerning an individual declining to register and the confidentiality of an office where a person registered is no longer required. A form used to apply for voter registration at a public assistance agency, a disability office, an office of the department of employment and training services, or an additional office designated by state law must comply with NVRA. (IC 3-7-22-5 and IC 3-7-31-4, as amended by HEA 1844, SECTIONS 67 and 90. Effective retroactive to January 1, 1995.)

8. An application for voter registration must request the Social Security number of the applicant, as permitted under the federal Privacy Act of 1974. (This provision codified this long-time practice. A Social Security number had been requested on all voter registration application forms previously prescribed by the state election board or the Indiana election commission.) Registration forms must contain a "notice of disposition" of the application (rather than a "confirmation" as provided by former law.) (IC 3-7-31-5, IC 3-7-32-5, and IC 3-7-33-6, as amended by HEA 1844, SECTIONS 91-93. Effective retroactive to January 1, 1995.)

9. A county voter registration office shall retain all records from voter registration maintenance activities for at least two years after the date the record is on file in the office. (These records include declinations and lists of voters who were sent notices under a voter list maintenance program. [NOTE: Under NVRA, other voter registration records, such as duplicate voter registration applications or addresses changes by voters who are already registered must be retained for as long as that individual remains a registered voter, and for two years following the cancellation of that registration.]) (IC 3-7-27-6, as amended by HEA 1844, SECTION 82. Effective retroactive to January 1, 1997.)

10. The county voter registration office is required to provide a county chairman of a major political party with a copy of the inspector's certified list of voters in the precinct if the county chairman has requested the county election board to be provided with the copy. (Former law required a copy of each precinct's certified list to be furnished to each county chairman whether or not the copy was requested.) (IC 3-7-28-4, as amended by HEA 1844, SECTION 86. Effective July 1, 1997.)

11. The county voter registration office is required to provide the inspector of a precinct with no more than two copies of the certified list of voters in the precinct if the county chairman has requested the county election board to provide the inspector with the copies. (Former law required two copies of this list to be produced whether or not the copies were requested.) The inspector is authorized to provide either copy of the list to another precinct election officer. (IC 3-7-29-2, as amended by HEA 1844, SECTION 87. Effective July 1, 1997.)

12. A political party is not required to request in the certificate of nomination for the party's state convention candidates that the party's symbol be printed on ballots. Instead, if the political party has previously filed a request with the election division (or any of its predecessor agencies) that the party's ballot symbol be used on ballots, the ballot symbol must be used until the symbol is changed by the political party in accordance with party rules, and a statement concerning use of the new symbol is filed with the election division. A political party or independent candidate may not use a device as a ballot symbol is the symbol has previously been filed with the election division (or any of its predecessor agencies).

No later than noon, August 20, before each election, the state chairman of a political party (or an individual filing a petition of nomination for an independent candidate) must file a camera-ready copy of the ballot symbol for the political party or independent candidate for the best possible reproduction of the device on the ballots. No later than noon, August 20, before each election, the county chairman of a political party (or an individual filing a petition of nomination for an independent candidate) must file a camera-ready copy of the ballot symbol with the appropriate county election board. If the camera-ready copies of the ballot symbols are not filed with the election division or a county election board, the division or board is not required to use the ballot symbol on the ballots that the division or board prints. (IC 3-8-7-11, IC 3-8-7-16, and IC 3-8-7-26, as amended by HEA 1844, SECTIONS 156, 159, and 167. Effective July 1, 1997.)

13. The election division (rather than the Indiana election commission) prints official ballots and sample ballots for the general election upon the certification of political party tickets and independent candidates. The election division prints paper ballots for a public question if the public question is voted on by the entire state, or concerns the retention of a judge of the Indiana court of appeals. (Former law referred to ballots with public questions "voted on in more than one county.") (IC 3-8-7-25, as amended by HEA 1844, SECTION 165. Effective July 1, 1997. IC 3-11-2-1, IC 3-11-4-12, IC 3-11-11-1.5, IC 3-11-11-1.6, IC 3-11-11-1.7, IC 3-11-12-4, IC 3-11-12-5, IC 3-11-12-6, IC 3-11-14-5, IC 3-11-14-6, and IC 3-11-14-7, as amended by HEA 1844, SECTIONS 256, 276, 311-316, 326-328. Effective retroactive to January 1, 1997. IC 3-11-2-4, as amended by HEA 1844, SECTION 257. Effective retroactive to July 1, 1995.)

14. The election division (as well as a county or town election board) may reprint or correct defective ballots on its own determination, or after the Indiana election commission conducts a public hearing to determine if any individual objects to the use of a technically defective ballot. (IC 3-11-2-16, as amended by HEA 1844, SECTION 264. Effective retroactive to January 1, 1997.)

15. The election division (as well as a county or town election board) may print ballots containing the name of a candidate selected to fill an early or late ballot vacancy. If the election division determines that printing these ballots would be impractical, the chairman or committee who appointed the candidate shall provide pasters to the co-directors of the election division.

If a candidate dies (or there is a late candidate vacancy for other reasons) and the candidate's party does not fill the vacancy by noon, five days before the election, the election division shall order the printing of either pasters or reprinted ballots containing the statement "NO CANDIDATE" or "CANDIDATE DECEASED", or words to that effect.

If a candidate vacancy is filled after noon five days before the election, the election division or an election board is not required to reprint ballots or have pasters with the name of a successor candidate printed, but may do so upon the vote of the Indiana election commission or the election board. (IC 3-11-3-29, as amended by HEA 1844, SECTION 271. Effective retroactive to January 1, 1997. IC 3-11-3-29.5, as amended by HEA 1844, SECTION 272. Effective July 1, 1997.)

16. If a candidate changes the candidate's name after ballots have been printed for an election, the candidate shall provide the election division (as well as a county or town election board) with the number of pasters that the election division determines to be necessary for all of the ballots to reflect the change of name. If the candidate declines to do so, the election division is not required to reprint ballots to reflect the change of name. (IC 3-11-3-29, as amended by HEA 1844, SECTION 271. Effective retroactive to January 1, 1997.)

17. The election division or the circuit court clerk may authorize the printing of ballots containing a ballot variation code to ensure that the proper version of a ballot is used within a precinct. (IC 3-11-2-10, as amended by HEA 1844, SECTION 258. Effective retroactive to July 1, 1996.)

18. A county election board, by unanimous vote of the board's entire membership, may print ballots for township offices in any color if the ballot for township offices in each township within the county is not the same color as: (1) any other township ballot within the county; or (2) any ballot for other offices or public questions. (IC 3-11-2-4, as amended by HEA 1844, SECTION 257. Effective retroactive to July 1, 1995.)

19. The call for a precinct committeeman caucus to fill a early ballot vacancy must be on a form prescribed by the Indiana election commission. The declaration of candidacy to fill the ballot vacancy and the certificate of selection filed after the caucus (or after direct appointment by a chairman to fill a late vacancy) must be on forms prescribed by the commission. IC 3-13-1-9, IC 3-13-1-10.5, IC 3-13-1-15, and IC 3-13-2-8, as amended by HEA 1844, SECTIONS 381-382, 384, and 389. Effective July 1, 1997.)

20. The ballot instructions concerning independent tickets are only required to be printed if the ballot contains an independent ticket and at least one other independent candidate. (IC 3-11-2-10, as amended by HEA 1844, SECTION 258. Effective retroactive to July 1, 1996.)

21. The name of a write-in candidate may not be printed on a ballot. (IC 3-11-2-11.5, as added by HEA 1844, SECTION 259. Effective May 13, 1997.)

22. The Lake County election board must post copies of official sample ballots printed by the election division (rather than the Indiana election commission) before election day in various locations. An obsolete provision concerning the posting of official sample ballots in Lake County has been repealed. (The obsolete provision was located in the lever voting machine chapter; Lake County currently uses electronic voting systems, and the chapter applicable to those systems contains an identical provision concerning the posting of official sample ballots.) (IC 3-11-12-16 and IC 3-11-14-7, as amended by HEA 1844, SECTIONS 317 and 329. Effective retroactive to January 1, 1997.)

23. For direct recording electronic voting systems, the instructions for voting a straight party ticket or any required statement concerning votes for presidential electors may be posted at any location within the voting booth that permits the voter to easily read the instructions (rather than on the ballot face). (IC 3-11-2-10, as amended by HEA 1844, SECTION 258. Effective retroactive to July 1, 1996.)

24. Whenever a county has a circuit court or a superior court with more than one division, the county election board shall print the primary and general election ballots with the names of the candidates for nomination or election to these offices on the ballot with each division separate. (IC 3-10-1-19 and IC 3-11-2-12, as amended by HEA 1844, SECTIONS 216 and 260. Effective July 1, 1997.)

25. Candidates for election to at-large seats on a county council, a city-county council, a city council, a town council, or a township board shall be listed alphabetically according to surname within each row or column on the ballot. In each row or column in which the names of the candidates appear, the ballot shall contain a statement reading substantially as follows: "Vote for not more than ____ (insert number of candidates to be elected) candidates of ANY party or ticket for this office." (IC 3-11-2-12.7, as added by HEA 1844, SECTION 261. Effective July 1, 1997.)

26. Candidates for election to at-large seats on a school board shall be listed alphabetically according to surname. 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 for this office." (IC 3-11-2-14.5, as added by HEA 1844, SECTION 262. Effective July 1, 1997.)

27. A town election board, with unanimous consent of the board's entire membership, may authorize the printing and reproduction of ballots on equipment under the control of the town clerk-treasurer. These ballots are not required to precisely conform with the state laws setting the specifications for the printing of party symbols or candidate names on ballots, but must otherwise substantially conform with the state laws concerning ballot order and specifications. (IC 3-10-7-32, as amended by HEA 1844, SECTION 235. Effective July 1, 1997.)

28. The election division (rather than the Indiana election commission) shall print and distribute state ballots (and presidential ballots) to the circuit court clerk of each county for use on election day and for absentee ballot voting. The number of ballots provided must: (1) equal 100% of the number of voters of the county if only paper ballots are used; or (2) if a voting system is used, the number of ballots that the election division determines is necessary to meet an emergency in the county. The county election board of a county using lever voting machines must notify the election division (rather than the commission) of the board's estimation of the number of paper state and presidential ballots needed for its precincts.

A person commits a Class D felony by knowingly delivering a ballot to a person other than the co-directors or an authorized representative of the election division. (IC 3-11-3-2, IC 3-11-3-3, IC 3-11-4-12, IC 3-11-4-13, and IC 3-14-3-14, as amended by HEA 1844, SECTIONS 265-266, 276-277, and 403. Effective retroactive to January 1, 1997.)

29. The election division (rather than the Indiana election commission) shall provide a seal for the state and presidential paper ballots provided to the circuit court clerks. The seal may not have the same design for two consecutive elections. (IC 3-11-3-4, as amended by HEA 1844, SECTION 267. Effective retroactive to January 1, 1997.)

30. Each circuit court clerk shall pick up official and sample state (and presidential) paper ballots at a site designated by the election division (rather than the Indiana election commission).

If the clerk fails to pick up the ballots, the election division (rather than the state election board) shall immediately dispatch a messenger to the county with the ballots. Before delivering the ballots, the messenger must take and subscribe an oath, in a form prescribed by the election commission, to safely deliver the ballots in the same condition that the messenger received the ballots. (The former law setting forth the form of this oath has been repealed.) The messenger's oath must be filed with the election division. (IC 3-11-3-6, IC 3-11-3-7, IC 3-11-11-1.5, IC 3-11-11-1.6, IC 3-11-12-4, IC 3-11-12-5, IC 3-11-14-5, and IC 3-11-14-6, as amended by HEA 1844, SECTIONS 268-269, 311-312, 314-315, and 326-327. Effective retroactive to January 1, 1997. IC 3-11-3-8, repealed by HEA 1844, SECTION 475. Effective May 13, 1997.)

31. Not later than the Monday before distributing the ballots and pasters (rather than "at least seven days" before doing so under former law), the county election board shall notify the county chairman of each major political party that sample ballots and pasters are available for inspection. (IC 3-6-5-14, as amended by HEA 1844, SECTION 37. Effective retroactive to January 1, 1997.)

32. The county election board must provide each inspector with the ballots and precinct supplies provided for the inspector's precinct by the election division (rather than the Indiana election commission). (IC 3-11-3-11, as amended by HEA 1844, SECTION 270. Effective retroactive to January 1, 1997.)

33. The affidavit on an absentee ballot secrecy envelope must include a statement that, if the affidavit is signed by the voter's attorney in fact, the attorney in fact affirms that the voter personally marked the ballot in secret and enclosed the ballots in the envelope without showing the ballots to the attorney in fact or any other person. The attorney in fact must attach a copy of the power of attorney to the envelope. (IC 3-11-4-21, as amended by HEA 1844, SECTION 281. Effective July 1, 1997.)

34. A voter who wishes to indicate that the voter's name has changed may indicate the voter's new name on the poll list on election day. (Former law required the voter to complete a separate statement at the polls concerning the name change, and for the statement to be returned to the county voter registration office by the precinct election board. (IC 3-7-41-2 and IC 3-7-41-3, as amended by HEA 1844, SECTIONS 105 and 106. Effective retroactive to July 1, 1996.)

35. The tally papers printed by the county election board for use in tabulating the vote must list political parties and candidates in the same order on the tally sheet as listed on the ballot printed by the county election board. (IC 3-12-4-23, as amended by HEA 1844, SECTION 343. Effective July 1, 1997.)

36. Each precinct election board, at the close of the polls, shall place all affidavits used to determine the eligibility of a precinct election officer, or the eligibility of a person who wishes to cast a ballot, in sealed paper bag or envelope for delivery to the county election board and forwarding to the grand jury. (Former law referred to "all affidavits" being sealed and forwarded to the grand jury.) (IC 3-14-5-2, as amended by HEA 1844, SECTION 408. Effective July 1, 1997.)

37. The election division (rather than the secretary of state under former law) shall retain the certificates and petitions of nomination) for the retention period required under IC 3-10-1-31. (IC 3-8-7-24, as amended by HEA 1844, SECTION 164. Effective retroactive to January 1, 1997.)

38. The campaign finance reports filed by a candidate for an office with a term of more than four years (local level judges, for example), are to be retained until the final December 1 before the term of the office expires. (Former law provided that all campaign finance reports were to be kept for four years, and longer if the records were in litigation.) (IC 3-8-7-24, as amended by HEA 1844, SECTION 188. Effective May 13, 1997.)

CAMPAIGN FINANCE 1. Whenever a person solicits a contribution or makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate, through a newspaper, a magazine, an outdoor advertising facility, a direct mailing, or any other type of general public political advertising, the person must contain a "disclaimer" identifying whether the communication is paid for and authorized by the candidate or another committee. This requirement does not apply to: (1) a communication relating to an election to a federal office or the outcome of a public question; or (2) a communication in a medium regulated by federal law (radio, television, and electronic mail transmissions, for example).

If a communication is paid for and authorized by a candidate, the candidate's committee, or the committee's agents, the communication must clearly state that the communication has been paid for by the authorized political committee, as in "Paid for by Citizens for Doe Committee."

If a communication is authorized by a candidate, the candidate's committee, or the committee's agents, but paid for by another person, the communication must clearly state that the communication has been paid for by the other persons, and authorized by the candidate or committee, as in "Paid for by the Little Committee for Good Government, authorized by Citizens for Doe Committee."

If a communication is not authorized by a candidate, the candidate's committee, or the committee's agents, the communication must clearly state that the name of the person who paid for the communication and state that the communication is not authorized by any candidate or committee, as in "Paid for by Mary Smith, concerned citizen, and not authorized by any candidate or committee."

For purposes of the "disclaimer" requirement, a candidate is clearly identified if: (1) the name of the candidate appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference.

The former law regarding the "disclaimer" required on campaign literature and solicitations of contributions has been repealed. (IC 3-9-3-2.5, as added by HEA 1844, SECTION 183. Effective May 13, 1997. IC 3-9-2-10, IC 3-14-1-3, IC 3-14-5-4, and IC 3-14-5-6, as amended by HEA 1844, SECTIONS 179, 400, and 409-410. Effective May 13, 1997. IC 3-9-3-2, IC 3-9-3-3, and IC 3-14-1-4, repealed by HEA 1844, SECTION 475. Effective May 13, 1997.)

2. A member of the general assembly (or a candidate for election to the general assembly) may not solicit or accept campaign contributions, or conduct other fundraising activities during the period beginning when the general assembly convenes in January of each odd-numbered year and ending when that session adjourns sine die. This restriction does not apply to a member of the general assembly (or the candidate's committee of the member) with respect to seeking election to an office other than that of a state legislator.

A person who violates this restriction is subject to a civil penalty to be assessed by the Indiana election commission. The commission shall assess a penalty equal to the greater of: (1) two times the amount of any contribution received; or (2) $1,000; plus any investigative costs incurred and documented by the election division. (IC 3-9-2-12, as added by HEA 1844, SECTION 180. Effective July 1, 1997. IC 3-9-4-16, as amended by HEA 1844, SECTION 196. Effective July 1, 1997.)

3. A corporation or labor organization may make a contribution to a political action committee if: (1) the contribution does not exceed any statutory limits on contributions under IC 3-9-2-4; and (2) is designated for disbursement to a specific candidate or committee listed in IC 3-9-2-4. (IC 3-9-2-5, as amended by HEA 1844, SECTION 177. Effective May 13, 1997.)

4. A public utility, or any officer of a political subdivision constituting a public utility, may not offer or give to any political committee, candidate for office, or incumbent officeholder, any frank, privilege, or property not available to any other person for a product or service. No political committee, candidate for office, or incumbent officeholder may ask for, or accepts from any public utility, or political subdivision constituting a public utility, any frank, privilege, or property not available to any other person. (IC 8-1-2-102, as amended by HEA 1844, SECTION 424. Effective July 1, 1997.)

5. A national bank or federally chartered corporation must comply with the contribution restrictions applicable to Indiana elections under federal law. (IC 3-9-2-3, as amended by HEA 1844, SECTION 176. Effective July 1, 1997.)

6. The current restrictions prohibiting certain individuals employed by: (1) the Indiana library and historical department, the Indiana state library, or the Indiana historical bureau; (2) the Indiana department of transportation; or (3) the department of natural resources; from soliciting or receiving contributions are codified in the campaign finance act. (IC 3-9-2-13, as added by HEA 1844, SECTION 181. Effective July 1, 1997.)

7. The election division (rather than the Indiana election commission) is required to develop a computer system to store campaign finance reports filed with the division. However, this computer system is not required to be operational before April 1, 1998 (rather than April 1, 1997). No later than April 2, 1998, the computer system is required to make the annual campaign finance reports filed for calendar year 1997 in searchable, digital form available on the Internet. (Former law only required the computer system to identify all candidates and contributors who made or received contributions during 1996.)

During 1999, the computer system is only required to identify candidates and committees who made or received contributions during 1997 and 1998. (Former law required the system in 1998 to identify candidates and committees who made or received contributions during 1996 and 1997.) Beginning July 1, 1999, the computer system must permit the election division to provide for the electronic submission, retrieval, storage, and disclosure of campaign finance reports of candidates for statewide and state legislative office. The election division (rather than the commission) must make the campaign finance reports stored on the division's computer available through an on-line service.

The Indiana election commission is not required to comply with the state statutes regarding computer system requirements if: (1) the general assembly has not made sufficient appropriations for computer systems; or (2) the budget agency has not made sufficient allotments for the computer systems. (IC 3-9-4-4, as added by HEA 1844, SECTION 186. Effective July 1, 1997. P.L. 4-1996, SECTION 114, as amended by HEA 1844, SECTION 473. Effective retroactive to January 1, 1997. HEA 1844, SECTION 485. Effective July 1, 1997. HEA 1844, SECTION 486. Effective May 13, 1997.)

8. Beginning July 1, 1999, the election division must: (1) provide training at no cost to candidates to enable candidates for statewide or state legislative office to file campaign finance reports electronically; and (2) suggest alternate electronic formats and programs to enable candidates for statewide office and state legislative office to file campaign finance reports electronically. (IC 3-9-4-4, as added by HEA 1844, SECTION 186. Effective July 1, 1997. HEA 1844, SECTION 485. Effective July 1, 1997.)

9. Beginning January 1, 1999, the election division (rather than the Indiana election commission) is required to develop a filing, coding, and cross-indexing system consistent with the purposes of the campaign finance law. The coding system must provide: (1) codes to account for various campaign expenditures; and (2) a clear explanation of the kinds of expenditure items that must be accounted for under each code. The expenditure codes do not apply to reports required to be filed before March 31, 1999. (IC 3-9-4-4, as added by HEA 1844, SECTION 186. Effective July 1, 1997. HEA 1844, SECTION 485. Effective May 13, 1997.)

10. The former statutes requiring the reporting of independent expenditures have been repealed. (IC 3-9-7-2 and IC 3-9-7-3, repealed by HEA 1844, SECTION 476. Effective July 1, 1997.)

11. The election division and a county election board must retain the campaign finance reports filed by a candidate for an office with a term of more than four years (local level judges, for example), are to be retained until the final December 1 before the term of the office expires. (Former law provided that all campaign finance reports were to be kept for four years, and longer if the records were in litigation.) (IC 3-9-4-6, as amended by HEA 1844, SECTION 188. Effective May 13, 1997.)

12. A campaign committee treasurer must keep a detailed and exact account of all the information required to be reported under the campaign finance law. (The list of specific records to be kept has been repealed.) A transfer of a contribution to a committee treasurer must include the information about the contribution required to be reported by the treasurer under the campaign finance law. (The list of specific information to accompany the transfer has been repealed.) (IC 3-9-1-23 and IC 3-9-2-9, as amended by HEA 1844, SECTIONS 174 and 178. Effective July 1, 1997.)

13. A campaign committee statement of organization must include any information prescribed by the Indiana election commission (as well as the specific information prescribed by statute.) (IC 3-9-1-4, as amended by HEA 1844, SECTION 171. Effective May 13, 1997.)

14. A committee treasurer must file a notice of the treasurer's acceptance of appointment, along with the committee's campaign finance reports and statements of organization with the election division (rather than the election commission.) A person required to file campaign finance reports under the Federal Election Campaign Act may file supplemental reports and duplicate copies with the election division (rather than the election commission.) A committee treasurer may distribute surplus funds to the election division (rather than the election commission) when the committee disbands.

The election division (rather than the election commission) furnishes prescribed forms for making reports and statements under the campaign finance law, maintains a current list of all statements pertaining to each committee, and retains campaign finance reports for public inspection and copying. The election division (rather than the election commission) shall prepare an annual report containing compilations of all reported contributions and expenditures during the year, and may prepare additional compilations of contributions and expenditures by category of committee, and other special reports.

The election division (rather than the election commission) shall make audits and field investigations from time to time. The election division may request assistance from the state board of accounts in the performance of audits. (IC 3-9-1-12, IC 3-9-4-9, IC 3-9-4-16, and IC 3-9-5-2, as amended by HEA 1844, SECTIONS 172, 191, 196, and 201. Effective July 1, 1997; IC 3-9-1-15, IC 3-9-4-2, IC 3-9-4-5, IC 3-9-4-7, IC 3-9-4-8, IC 3-9-4-10, IC 3-9-4-11, IC 3-9-4-13, IC 3-9-5-3, IC 3-9-5-4, and IC 3-9-5-13, as amended by HEA 1844, SECTIONS 173, 185, 187, 189-190, 192-194, 202-203, and 210. Effective retroactive to January 1, 1997; IC 3-9-4-6, as amended by HEA 1844, SECTION 188. Effective May 13, 1997.)

15. Each campaign finance committee, its treasurer, and each candidate is required to complete a report current and dated 25 days before the "nomination date", 25 days before the general or municipal election, and the annual report required under IC 3-9-5-10. (Former law provided that all reports were to be completed 25 days before "an election.") When a special election occurs, each committee, the committee's treasurer, and each candidate must complete a campaign finance report current as of 25 days before the special election.

The term "nomination date" is defined as: (1) for candidates nominated in a primary election, the date of the primary; and (2) for candidates nominated in a convention, the date of the convention. [NOTE: The effect of the requirement to complete a report 25 days before the "nomination date" is unclear with regard to legislative caucus committees, political action committees, and regular party committees, since these committees may make contributions and expenditures with regard to candidates nominated in a primary election, a party convention, or by other methods. Likewise, the "nomination date" for a candidate nominated by petition of nomination, declaration of write-in candidacy, or to by a major political party to fill a ballot vacancy is not specified.] (IC 3-5-2-32.7, as added by HEA 1844, SECTION 11. Effective July 1, 1997. IC 3-9-5-7, as amended by HEA 1844, SECTION 204. Effective July 1, 1997.)

16. An individual becomes a candidate for campaign finance law purposes when the individual, the candidate's committee, or a person acting with the consent of the individual: (1) receives more than $100 in contributions; or (2) makes more than $100 in expenditures. (Former law provided that an individual could become a candidate under the campaign finance law by soliciting or accepting any contributions, or by making any expenditures.) (IC 3-5-2-6, as amended by HEA 1844, SECTION 4. Effective retroactive to January 1, 1997.)

17. An individual who files a declaration of candidacy or a declaration of intent to be a write-in candidate, or for whom a certificate of nomination or petition of nomination is filed, must separately sign a statement that the candidate: (1) is aware of the state laws concerning campaign finance and the reporting of campaign finance contributions and expenditures; and (2) agrees to comply with the campaign finance laws. The candidacy and petition forms prescribed by the Indiana election commission must include the dates for filing campaign finance reports and the penalties for late filing of the reports. (IC 3-8-2-2.5, IC 3-8-2-7, IC 3-8-6-12, and IC 3-8-7-8, as amended by HEA 1844, SECTIONS 118, 122, 149, and 154. Effective July 1, 1997.)

18. A candidate for nomination to office in a state convention who becomes a candidate less than 25 days before the convention must file a campaign finance report no later than noon 20 days after the state convention. The candidate's reporting period begins on the date that the individual becomes a candidate, and ends on the day following the adjournment of the state convention. (IC 3-9-5-8, as amended by HEA 1844, SECTION 206. Effective July 1, 1997.)

19. The campaign finance reporting period for a candidate selected to fill a vacancy on the general election ballot begins on the date the individual became a candidate and ends 25 days before the general election. (IC 3-9-5-8.5, as added by HEA 1844, SECTION 207. Effective July 1, 1997.)

20. A caucus to fill a vacant office is not considered a "caucus" subject to the campaign finance law. (Former law did not distinguish between a caucus to select a candidate to fill a ballot vacancy and a caucus to fill a vacant office.) (IC 3-5-2-7.5, as amended by HEA 1844, SECTION 5. Effective retroactive to January 1, 1997.)

21. The new classification of "legislative caucus committee" is created. (Formerly, these committees were defined as political action committees.) A legislative caucus committee is an organization: (1) organized by state legislators who belong to the same political party; (2) proposes to influence only the election of candidates to legislative office; and (3) accepts contributions and makes expenditures of more than $100 during a calendar year. A legislative caucus committee is generally subject to the same restrictions and penalties as other political committees concerning committee organization, campaign contributions and expenditures, and campaign finance reports.

A legislative caucus committee may not solicit or accept campaign contributions or conduct other fundraising activities during the period beginning when the general assembly convenes in January of each odd-numbered year and ending when that session adjourns sine die. (IC 3-5-2-27.3, as added by HEA 1844, SECTION 9. IC 3-9-2-12, as added by HEA 1844, SECTION 180. Effective July 1, 1997. IC 3-5-2-15, IC 3-5-2-37, IC 3-9-1-1, IC 3-9-2-1, IC 3-9-3-1, IC 3-9-4-1, IC 3-9-4-9, IC 3-9-5-1, IC 3-9-5-2, and IC 3-9-5-10, as amended by HEA 1844, SECTIONS 6, 13, 169, 175, 182, 184, 191, 200-201, and 209. Effective July 1, 1997.)

22. The new classification of "national party affiliate committee" is created. (Formerly these committees were defined as political action committees.) A national party affiliate committee is an organization that: (1) is organized or affiliated with a national political party; (2) proposes to influence the election of candidates for federal, state, legislative, or local offices in more than one state; and (3) accepts contributions or makes expenditures of more than $100 during a calendar year. [NOTE: References to a "national party affiliate committee" do not appear in any other part of the election code.] (IC 3-5-2-32.5, as added by HEA 1844, SECTION 10. Effective July 1, 1997.)

23. A reference to the requirement for a campaign committee in existence on July 1, 1977 to file a statement of organization has been repealed as obsolete. (IC 3-9-1-3, as amended by HEA 1844, SECTION 170. Effective May 13, 1997.)

24. A person may file a campaign finance report by electronic mail, if the election division or county election board has the capacity to receive electronic mail. A report filed by electronic mail must be received not later than noon seven days after the date of the report. (IC 3-9-5-7, as amended by HEA 1844, SECTION 205. Effective July 1, 1997.)

25. A campaign finance report that is hand delivered must be received not later than noon seven days after the date of the report (rather than 11 days before the election, as required under former law.) A campaign finance report that is mailed must be postmarked not later than noon seven days after the date of the report (rather than 14 days before the election, as required under former law.) (IC 3-9-5-7, as amended by HEA 1844, SECTION 205. Effective July 1, 1997.)

26. A candidate who holds one office and files a statement of organization for an exploratory committee without indicating that the individual is a candidate for a specific office is required to file a supplemental campaign finance report if the candidate's committee for the office the candidate currently holds spends, transfers in, or transfers out at least $10,000 before a primary or general election. (IC 3-9-5-9, as amended by HEA 1844, SECTION 208. Effective July 1, 1997.)

27. The treasurer of a candidate's committee must file a supplemental report on a form prescribed by the Indiana election commission concerning large contributions. The report must be filed not later than noon five days before the election. If no large contributions were received, the treasurer of the committee must report that fact.

The report must include: (1) the name and address of the person making the large contribution; (2) if the person is an individual, the person's occupation; (3) the amount of the contribution; and (4) the date the contribution was received by the candidate, the candidate's committee, or the committee's treasurer.

For purposes of this report, a large contribution refers to a contribution of at least $1,000 received by a candidate, the candidate's committee, or the candidate's committee treasurer not more than 25 days before an election and not less than 5 days before an election. An "election" includes a primary, general, municipal, or special election, and for candidates nominated at a state convention, the state convention. (IC 3-9-5-20, as added by HEA 1844, SECTION 214. Effective July 1, 1997.)

28. The treasurer of a candidate who is defeated at a primary election or state convention, or withdraws or is disqualified before the general election, is not required to file a pre-general election report, but is required to file an annual report the following January. (IC 3-9-5-9, as amended by HEA 1844, SECTION 208. Effective July 1, 1997.)

29. If a political action committee or a regular party committee has not received or made contributions or expenditures, the treasurer of the committee must file a pre-primary and a pre-election report indicating that no contributions or expenditures have been made. (The former law, which provided that campaign finance reports are cumulative during the year, and that if no contributions or expenditures have been made or accepted during the year, the treasurer of the committee files a statement to that effect, now applies only to a candidate's committee.) (IC 3-9-5-16, as amended by HEA 1844, SECTION 213. Effective May 13, 1997.)

30. A legislative caucus committee is not required to file a pre-primary or a pre-election campaign finance report during an odd numbered year. The legislative caucus committee is only required to file an annual report during the following January reporting its activity during the entire odd numbered year. (IC 3-9-5-21, as added by HEA 1844, SECTION 215. Effective July 1, 1997.)

31. A campaign finance report must include information concerning persons who make contributions that exceed the "threshold contribution amount", meaning $100 for contributions to a candidate's committee, a legislative caucus committee, or a political action committee, or $200 for contributions to a regular party committee. With regard to persons contributing more than the threshold contribution amount, the campaign finance report must state: (1) the full name of each person; (2) the full mailing address of the person; and (3) if the person contributed at least $1,000 in a calendar year, the contributor's occupation. (Former law did not require the reporting of information concerning the occupation of a contributor.) (IC 3-9-5-14, as amended by HEA 1844, SECTION 211. Effective July 1, 1997.)

32. The treasurer of a campaign finance committee (or an organization) who receives a contribution on behalf of a candidate or makes an expenditure on behalf of a candidate must report to the candidate's committee all information about a contribution received or an expenditure made on behalf of a candidate that the treasurer of the candidate's committee would be required if the candidate's committee had received the contribution or made the expenditure. (The former law concerning the reporting of this information to another committee in a form prescribed by the commission, the entry of information on the candidate's committee record books, and the reporting in summary form to the commission has been repealed.)

An expenditure is considered to be made on behalf of a candidate if the expenditure is made: (1) in support of a candidate who is specifically identifiable; or (2) in opposition to an opponent of the candidate, and the opponent is specifically identifiable. An expenditure made to inform the members of the organization or for the development of the committee's political party is not considered to be made on behalf of a candidate. A candidate's committee campaign finance report must include information concerning expenditures reported to the candidate's committee by another committee. The campaign finance report must state: (1) the name and address of the other committee; (2) the date and amount of expenditures reported by the other committee; and (3) the purpose of the expenditures reported by the other committee. (IC 3-9-5-14 and IC 3-9-5-15, as amended by HEA 1844, SECTIONS 211-212. Effective July 1, 1997.)

33. A campaign finance report must include information concerning the occupation of an individual who makes loans to a committee of at least $1,000 in a calendar year. (Former law did not require the reporting of information concerning the occupation of a lender.) (IC 3-9-5-14, as amended by HEA 1844, SECTION 211. Effective July 1, 1997.)

34. The election division (rather than the Indiana election commission) shall notify delinquents to file a statement of organization or a campaign finance report immediately upon receipt of the division's notice. The division must give notice to delinquents not later than 30 days after each election. The division and each county election board is permitted, but not required, to give notice to delinquents at other times.

The election division and each county election board must give notice to persons who file a defective statement or report to make a filing to correct the defect no later than noon five days after receipt of the notice. The election division (rather than the commission) documents investigative costs incurred regarding the defective filing.

The election division and each county election board are required to post a notice of delinquent and defective filers in a public place at or near the commission's or board's office.

The election division is required to mail campaign finance reports to candidates for statewide and state legislative offices, along with a notice stating the date that the campaign finance reports are due. A county election board may send forms and a notice to candidates for local offices, but is not required to do so.

A delinquent filer remains liable for the full amount of any civil penalty permitted by the campaign finance law, notwithstanding any notice of: an upcoming filing deadline; or (2) of delinquency after the filing deadline. The election division (rather than the commission) documents investigative costs incurred regarding the delinquent filing. (IC 3-9-4-14 and IC 3-9-4-16, as amended by HEA 1844, SECTIONS 195-196. Effective July 1, 1997.)

35. The election division shall give notice to any person who files a defective campaign finance report to file an amended report or statement of organization. If the person filing the defective report does not file the amendment by noon five days after being given notice (rather than ten days under former law), the Indiana election commission may assess a civil penalty of $10 per day after the expiration of the five day period for a maximum penalty of $100, plus investigative costs documented by the election division (rather than the commission). The civil penalty limit applies to each report separately. (IC 3-9-4-16, as amended by HEA 1844, SECTION 196. Effective July 1, 1997.)

36. The election division shall give notice to any person who is delinquent in filing a campaign finance report or statement of organization to file a report or statement of organization. The Indiana election commission shall assess a civil penalty against a person who fails to file the report or statement by the statutory deadline, with the afternoon of the final date for filing being calculated as the first day. The civil penalty is fixed at $50 per day, with a maximum penalty of $1,000, plus investigative costs documented by the election division (rather than the commission). The civil penalty limit applies to each report or statement separately. (IC 3-9-4-16, as amended by HEA 1844, SECTION 196. Effective July 1, 1997.)

37. The investigative costs for other campaign finance violations subject to a civil penalty are documented by the election division (rather than the Indiana election commission.) (IC 3-9-4-16, as amended by HEA 1844, SECTION 196. Effective July 1, 1997.)

38. Each county election board shall give notice to any person who files a defective campaign finance report to file an amended report or statement of organization. If the person filing the defective report does not file the amendment by noon five days after being given notice (rather than ten days under former law), the election board may assess a civil penalty of $10 per day after the expiration of the five day period for a maximum penalty of $100, plus investigative costs documented by the election board. The civil penalty limit applies to each report separately. (IC 3-9-4-17, as amended by HEA 1844, SECTION 197. Effective July 1, 1997.)

39. Each county election board shall give notice to any person who is delinquent in filing a campaign finance report or statement of organization to file a report or statement of organization. The county election board shall assess a civil penalty against a person who fails to file the report or statement by the statutory deadline, with the afternoon of the final date for filing being calculated as the first day. The civil penalty is fixed at $50 per day, with a maximum penalty of $1,000, plus investigative costs documented by the election board. The civil penalty limit applies to each report or statement separately. (IC 3-9-4-17, as amended by HEA 1844, SECTION 197. Effective July 1, 1997.)

40. A candidate who has been assessed a civil penalty and subsequently files as a candidate for election is relieved of further civil liability if the candidate files the delinquent report from the previous candidacy and pays all outstanding civil penalties for the delinquent report. (The former law providing for an additional $1,000 fine for failing to file a delinquent report in this case has been repealed.) A person who is assessed a civil penalty for a campaign finance violation and who is subsequently elected to office is subject to the withholding of the civil penalty from the person's salary as an officeholder. (Former law restricted this procedure to certain candidates who had failed to file a previous campaign finance report.) (IC 3-9-4-18, as amended by HEA 1844, SECTION 198. Effective July 1, 1997.)

41. If the Indiana election commission or a county election board finds that the imposition of a civil penalty for a campaign finance violation would be unjust under the circumstances, the commission or board may, by unanimous vote of its entire membership, waive or reduce the penalty to an amount specified by the commission or board. (IC 3-9-4-19, as amended by HEA 1844, SECTION 199. Effective July 1, 1997.)

42. A person who recklessly violates the current law prohibiting the acceptance of excessive contributions by a candidate for Allen County Superior Court commits a Class B misdemeanor, and is subject to a civil penalty to be assessed by the Allen County election board. The election board may assess a penalty of not more than three times the amount of the contribution that exceeds the statutory limit, plus any investigative costs incurred and documented by the board. (Former law did not specify any penalty for violating this limit on contributions.) (IC 3-14-1-10.5, as added by HEA 1844, SECTION 402. Effective July 1, 1997.)

43. The state campaign finance enforcement fund is administered by the election division (rather than the election commission). (IC 3-6-4.1-24, as amended by HEA 1844, SECTION 27. Effective retroactive to January 1, 1997.)

CANDIDATES AND CAMPAIGNING 1. The Indiana election commission (or a county election board) has jurisdiction to resolve any question regarding the eligibility of an individual who has filed as a candidate with the election division or the county election board, respectively. The eligibility question must be set forth in a sworn statement filed by a registered voter of the election district that indicates the facts known to the voter concerning the candidate's eligibility. (Under former law, the circuit court clerk or secretary of state were authorized to check voter registration records, at the request of a county chairman or another candidate for the office, and question filings by a person who is not registered to vote in an election district. A circuit court clerk was also authorized under former law to question the validity of a declaration of candidacy filed with the secretary of state. References in former law to the secretary of state determining the validity of a request to be placed on the presidential primary ballot have also been repealed.)

The commission or county election board shall (rather than "may" under former law) deny a filing if the commission or board determines that the candidate has not complied with a requirement set forth in the federal Constitution, the Indiana constitution, or the Indiana election code applicable to the candidate. An error made by the election division or a circuit court clerk does not invalidate a candidate filing.

In resolving a questioned declaration of candidacy, the commission is not required to comply with the notice requirements of the Administrative Orders and Procedures Act (IC 4-21.5). Instead, the election division must give the best possible notice of the commission's meeting to a person that the election division identifies as an interested party. Unless a written objection concerning notice is filed with the election division before the end of the commission meeting, a candidate's appearance in person or by counsel constitutes an admission that adequate notice of the meeting has been given. (IC 3-8-1-1, IC 3-8-1-1.5, IC 3-8-1-2, IC 3-8-2-18, IC 3-8-3-3, as amended by HEA 1844, SECTIONS 110, 111, 113, 129, and 134. Effective July 1, 1997. IC 3-13-1-10.5 and IC 3-13-2-11, as amended by HEA 1844, SECTIONS 386 and 391. Effective retroactive to January 1, 1997.)

2. The Indiana election commission shall act to resolve questions concerning the validity of a request to be placed on the presidential primary ballot no later than the deadline for resolving questions regarding the validity of candidates seeking nomination to an office at the primary election. (Former law did not specify a deadline for resolving questions regarding presidential primary candidates.) IC 3-8-3-7, as amended by HEA 1844, SECTION 138. Effective July 1, 1997.)

3. An individual who is defeated in a primary or at a convention for nomination as candidate for U.S. representative from one Indiana district is not eligible to be a candidate for U.S. representative from another Indiana congressional district during the same year. This "sore loser" rule does not apply to a candidate for a presidential nomination who is defeated in the Indiana presidential primary. IC 3-8-1-5.5, as amended by HEA 1844, SECTION 115. Effective July 1, 1997.)

4. A candidate who seeks the presidential nomination of a major political party must file a request with the election division to be placed on the primary ballot during the same period that an individual may file a declaration of candidacy for any other nomination to be made at the primary election. (Former law provided that the "written" request could be filed with the secretary of state no earlier than 90 days and no later than noon 60 days before the primary, and did not specifically restrict this procedure to major party candidates.)

As an alternative, a presidential primary candidate may file the request for ballot placement with the secretary of state, who shall immediately forward the request to the election division. However, a request filed on the final day must be filed with the secretary of state. A request filed with the secretary of state is subject to the same procedures and requirements as a request filed with the election division.

A request for placement on the presidential primary ballot must be accompanied by a petition for placement signed by registered voters and previously submitted to the appropriate county voter registration office. The final date for filing the petition with a county voter registration office for certification is noon ten days before the final date for filing a declaration of candidacy (rather than noon 70 days before the primary election under former law.) (IC 3-8-3-1, IC 3-8-3-4, and IC 3-8-3-5, as amended by HEA 1844, SECTIONS 133 and 135-136. Effective July 1, 1997.)

5. A candidate who files a petition of nomination or declaration of intent to be a write-in candidate for governor must include the name of a running mate for lieutenant governor on the petition or declaration. (IC 3-8-1-9.5, as amended by HEA 1844, SECTION 116. Effective July 1, 1997.)

6. A declaration of candidacy for nomination at a primary election may not be made by facsimile transmission. (IC 3-8-2-11, as amended by HEA 1844, SECTION 123. Effective July 1, 1997.)

7. A declaration of candidacy for nomination to a federal, statewide, or state legislative office is not valid unless received in the office of the election division by noon 74 days before an election. A declaration of candidacy made by mail is considered filed as of the date and hour the declaration is received by the election division. (Former law referred to the secretary of state, rather than the election division). [NOTE: Notwithstanding IC 3-8-2-11, HEA 1844-1997 did not amend IC 3-8-2-5, which requires that a declaration of candidacy for these offices be filed with the secretary of state.] (IC 3-8-2-11, IC 3-8-2-17, and IC 3-8-2-20, as amended by HEA 1844, SECTIONS 123, 128, and 131. Effective July 1, 1997.)

8. The election division (rather than the secretary of state under former law), or the county election board (rather than the circuit court clerk) shall indicate in the division's records or the board's records that a declaration of candidacy has been withdrawn. (Former law required the secretary of state or circuit court clerk to remove the declaration "from the files" after the candidate withdrew.) (IC 3-8-2-21, as amended by HEA 1844, SECTION 132. Effective July 1, 1997.)

9. An obsolete statute referring to a method for filling a candidate vacancy on the primary election ballot prior to the primary election has been repealed. (The statute authorizing the vacancy filling method referred to in this statute was repealed in 1987.) (IC 3-8-2-22, repealed by HEA 1844, SECTION 475. Effective May 13, 1997.)

10. A candidate for state legislative office is required to file a statement of economic interests before filing a declaration of candidacy or petition of nomination, or before a certification of the candidate's nomination or selection is filed. (Former law contained conflicting provisions regarding this deadline.) An officer receiving a declaration of candidacy shall require the candidate to produce a receipt showing that the statement of economic interest had been filed before the officer accepts the declaration for filing. (IC 2-2.1-3-2, as amended by HEA 1844, SECTION 2. Effective retroactive to May 10, 1995; IC 3-8-2-11, as amended by HEA 1844, SECTION 12. Effective July 1, 1997.)

11. An individual is disqualified as a candidate for a judicial office or as prosecuting attorney if the individual has been removed by the Indiana supreme court from that judicial office or as prosecuting attorney. An individual is disqualified as a candidate if the individual is a member of the armed forces on active duty and is prohibited by the U.S. Department of Defense from being a candidate. (IC 3-8-1-5, as amended by HEA 1844, SECTION 114. Effective July 1, 1997.)

12. A candidate for election as clerk of the supreme court is required to file a statement of economic interests with the commission on judicial qualifications before filing a declaration of candidacy for nomination by the state convention of a party. A candidate for appointment to the vacant office of justice, judge, prosecuting attorney, or clerk of the supreme court is not required to file a statement of economic interests with the commission on judicial qualifications when under consideration for the appointment. (IC 33-2.1-8-6 and IC 33-2.1-8-7, as amended by HEA 1844, SECTIONS 444-445. Effective July 1, 1997.)

13. A candidate for election to the Allen County superior court must file a petition of nomination with the Indiana election division (rather than a nominating petition with the Allen County circuit court clerk). The declaration must be on a form adapted from the declaration of candidacy for a primary candidate. If a candidate does not specify the division and the name of the incumbent judge of the judgeship that the candidate seeks, the election division or the Indiana election commission shall reject the declaration of candidacy. (IC 33-5-5.1-29, as amended by HEA 1844, SECTION 446. Effective July 1, 1997.)

14. A candidate for election to the Vanderburgh County superior court must file a petition of nomination with the Indiana election division (rather than a nominating petition with the Allen County circuit court clerk). The declaration must be on a form adapted from the declaration of candidacy for a primary candidate. If a candidate does not specify the division and the name of the incumbent judge of the judgeship that the candidate seeks, the election division or the Indiana election commission shall reject the declaration of candidacy. (IC 33-5-43.2-1, as amended by HEA 1844, SECTION 447. Effective July 1, 1997.)

15. A declaration of candidacy for nomination to local office in a primary election, or for precinct committeeman or state convention delegate, must be filed in the office of the county election board located in the county seat. In Lake County, these declarations must be filed with the chief deputy of the combined election board and board of registration. (Former law required these declarations to be filed with the circuit court clerk.) (IC 3-8-2-6, and IC 3-8-2-20, as amended by HEA 1844, SECTIONS 121 and 131. Effective July 1, 1997.)

16. A candidate for election to a school board must have resided within the school corporation at least a year before the election unless a longer period is required under the provisions in IC 20 governing the school corporation. If the candidate seeks to represent an election district that consists of less than the entire school corporation, the candidate must have resided in that election district at least a year before the election unless a longer period is required under IC 20. (IC 3-8-1-34, as amended by HEA 1844, SECTION 117. Effective July 1, 1997.)

17. An individual may not file both a declaration of candidacy for nomination at a primary election as well as a petition of nomination for a school board office that is elected at a primary election. If an individual files both a declaration of candidacy as a primary candidate and a petition of nomination for a school board office, the county election board shall: (1) determine which document was filed most recently; and (2) consider the previously filed document to have been withdrawn. (IC 3-8-2-15, as amended by HEA 1844, SECTION 127. Effective July 1, 1997.)

18. In every case, a petition of nomination must be signed by a number of registered voters equal to 2% of the vote cast for secretary of state in the last election held within the election district for that office. (The petition is no longer required to be signed by a minimum of five voters if the 2% formula would result in a signature requirement of less than five voters.)

In determining the number of signatures required under the 2% formula, any fraction in excess of a whole number is disregarded. IC 3-8-6-3, as amended by HEA 1844, SECTION 145. Effective July 1, 1997.)

19. A candidate nominated by a petition of nomination must state the candidate's given name and surname on the petition in the same form as set forth in the candidate's voter registration record. The candidate may also include initials or a nickname on the petition, so long as the initials or nickname does not exceed 20 characters. The candidate may not use a designation such as a title or degree, or a nickname that implies a title or degree. IC 3-8-6-5, as amended by HEA 1844, SECTION 146. Effective July 1, 1997.)

20. A candidate who files a petition of nomination and who claims affiliation with a political party that: (1) is a major political party or is entitled to nominate candidates by state convention; (2) has already filed a petition of nomination to nominate candidates; or (3) with a name which would result in voter confusion due to the name's similarity with that of another political party may have the validity of the individual's filing challenged by a registered voter of the appropriate election district. The Indiana election commission or county election board shall determine the validity of the individual's filing in this situation.

A petition of nomination may be amended by a joint petition signed by all candidates named on the petition to alter the name of the political party with which the candidates claim affiliation or to declare that the candidates are independent. This amendment may be made after the deadline for filing as a write-in candidate, but no later than the deadline for the commission or county election board to rule on any challenge to the candidates under this provision. If the commission or county election board determines that the write-in candidate's party affiliation would violate the restrictions set forth above, and that the candidate has not filed an amendment regarding the candidate's party affiliation, the commission or county election board shall deny the filing. IC 3-8-6-5.5, as added by HEA 1844, SECTION 147. Effective July 1, 1997.)

21. The Indiana election commission or a county election board shall rule on the validity of a challenged petition of nomination no later than noon 60 days before the general election (rather than by noon August 20). This deadline does not apply to a petition of nomination for a school board office to be elected at the same time as the primary election. IC 3-8-6-14, as amended by HEA 1844, SECTION 150. Effective July 1, 1997.)

22. If a candidate listed on a petition of nomination ceases to be a candidate after the petitions are circulated or filed, the candidate may be replaced in some cases.

If the candidate sought a federal, state, or state legislative office, the state chairman of the political party of the candidate may file a statement with the election division stating that the candidate has been replaced by another individual. The state chairman's statement must be accompanied by the replacement candidate's written consent and the consent of all other candidates listed on the petition. If the former candidate withdrew, the candidate's statement of withdrawal must also accompany the state chairman's filing. If the candidate sought a local office, the county, city, or town chairman of the party must file the written statement with the appropriate county or town election board. In all cases, the statement concerning a replacement candidate must be filed no later than the date for the certification of presidential and vice-presidential nominees under IC 3-10-4-5 (noon September 1).

A replacement candidate cannot be substituted for an independent candidate who circulated or filed a petition of nomination and subsequently withdrew. IC 3-8-6-17, as amended by HEA 1844, SECTION 151. Effective July 1, 1997.)

23. An individual may file a declaration of intent to be a write-in candidate no later than noon five days before the final date for the delivery of absentee ballots to a county election board [a total of 50 days before general election day]. (Former law permitted an individual to file as a declared write-in candidate no later than noon 74 days before general election day.)

An individual may withdraw as a write-in candidate no later than noon on the final date to file as a declared write-in candidate. (Former law permitted a write-in candidate to withdraw no later than noon seven days before election day.) IC 3-8-2-2.7 and IC 3-8-2-4, as amended by HEA 1844, SECTIONS 119-120. Effective July 1, 1997.)

24. An individual who files a declaration of intent to be a write-in candidate and who claims affiliation with a political party that: (1) is a major political party or is entitled to nominate candidates by state convention; (2) has already filed a petition of nomination to nominate candidates; or (3) with a name which would result in voter confusion due to the name's similarity with that of another political party may have the validity of the individual's filing challenged by a registered voter of the appropriate election district. The Indiana election commission or county election board shall determine the validity of the individual's filing in this situation.

A write-in candidate may amend the candidate's filing to alter the name of the political party with which the candidate claims affiliation or to declare that the candidate is independent. This amendment may be made after the deadline for filing as a write-in candidate, but no later than the deadline for the commission or county election board to rule on any challenge to the candidate under this provision. If the commission or county election board determines that the write-in candidate's party affiliation would violate the restrictions set forth above, and that the candidate has not filed an amendment regarding the candidate's party affiliation, the commission or county election board shall deny the filing. IC 3-8-2-12.5, as added by HEA 1844, SECTION 125. Effective July 1, 1997.)

25. The call for a precinct committeeman caucus to fill a early ballot vacancy must: (1) be on a form prescribed by the Indiana election commission; and (2) be filed at least ten days before the meeting with the office or official entitled to receive the certificate of selection after the caucus (the election division or the circuit court clerk).

A declaration of candidacy for the caucus must: (1) be on a form prescribed by the Indiana election commission; and (2) be filed at least ten days before the meeting with the office or official entitled to receive the certificate of selection after the caucus (the election division or the circuit court clerk). IC 3-13-1-9 and IC 3-13-1-10.5, as amended by HEA 1844, SECTIONS 381-382. Effective July 1, 1997.)

26. If no individual is eligible to participate in filling a candidate for a local office (not just a town office under former law), the county chairman entitled to call the vacancy filling caucus shall fill the candidate vacancy directly. Under former law, the county chairman appointed a voter, with the voter then filling the candidate vacancy. IC 3-13-1-13, as amended by HEA 1844, SECTION 383. Effective July 1, 1997.)

27. The chairman of the caucus to fill the candidate vacancy (or the chairman entitled to directly fill a late vacancy) shall file a certificate of selection on a form prescribed by the commission.

The certificate shall be filed with the election division (rather than the secretary of state) if the candidate vacancy is for judge of a circuit, superior, probate, county, or small claims court. (Former law provided that the certificate of selection for candidates for all judgeships except circuit court were to be filed with the circuit court clerk.) IC 3-13-1-15 and IC 3-13-2-8, as amended by HEA 1844, SECTIONS 384 and 389. Effective July 1, 1997.)

28. The certificate of selection to fill a candidate vacancy occurring due to the failure of any candidate to run in a primary election must be filed no later than noon, August 4. The certificate from a caucus to fill any other type of vacancy, including a late ballot vacancy, must be filed no later than three days (excluding Saturdays and Sundays) after selection of the candidate. IC 3-13-1-15 and IC 3-13-2-8, as amended by HEA 1844, SECTIONS 384 and 389. Effective July 1, 1997.)

29. A political party entitled to nominate by convention, but not to conduct a primary election (currently the Libertarian Party) may fill a candidate vacancy. The candidate vacancy shall be filled by the state committee of the party, and the state chairman must file a certificate of candidate selection. If the vacancy occurs due to the failure of the party convention to nominate a candidate for an office, the certificate of selection must be filed no later than noon August 4 before general election day. If the vacancy occurs for other reasons, the certificate of selection must be filed no later than three days (excluding Saturdays and Sundays) after selection of the candidate. The remaining provisions of the early candidate vacancy filling chapter applies to major political party candidates.

A late ballot vacancy on the party's ticket shall be filled by the state committee of the political party, with the state chairman certifying the candidate selected to fill the vacancy. IC 3-13-1-1, as amended by HEA 1844, SECTION 380. Effective July 1, 1997. IC 3-13-1-20 and IC 3-13-2-12, as added by HEA 1844, SECTIONS 388 and 392. Effective July 1, 1997.)

30. A candidate for city court judge in Lake County must reside in the city upon filing a declaration of candidacy in a primary or upon filing a petition of nomination as an independent or minor party candidate. (Former law only required a candidate for city judge in Lake County in a primary election to be a registered voter within Lake County by the deadline for filing a declaration of candidacy in the primary. Former law also provided that a city court judge candidate in Lake County who wished to be placed on the ballot by petition of nomination to be a registered voter in Lake County by the deadline for filing the petition). A candidate for city court judge in Lake County who is selected to fill an early or late ballot vacancy is only required to reside within the county where the city is located when the certificate of candidate selection is filed. (IC 3-8-1-28.5, as amended by HEA 1072, SECTION 1. Effective July 1, 1997; IC 3-8-1-1.5, as amended by HEA 1844, SECTION 111. Effective July 1, 1997.)

31. A candidate for city court judge in a second class city (other than a city in St. Joseph County) must reside in the city upon filing a declaration of candidacy in a primary or upon filing a petition of nomination as an independent or minor party candidate. A candidate for city court judge in a second class city who is selected to fill an early or late ballot vacancy is only required to reside within the county where the city is located when the certificate of candidate selection is filed. NOTE: Notwithstanding HEA 1072-1997, IC 3-8-1-1 still requires a candidate for city judge in a second class city (other than a city in Lake County or St. Joseph County) to be a registered voter of the city not later than the deadline for filing the declaration of candidacy or petition of nomination. (IC 3-8-1-28.5, as amended by HEA 1072, SECTION 1. Effective July 1, 1997; IC 3-8-1-1, as amended by HEA 1844, SECTION 110. Effective July 1, 1997.)

32. A candidate for city court judge in a third class city must reside in the city upon filing a declaration of candidacy in a primary or upon filing a petition of nomination as an independent or minor party candidate. (Former law only required a candidate for city judge in a third class city in a primary election to be a registered voter within the county by the deadline for filing a declaration of candidacy in the primary. Former law also provided that a city court judge candidate in a third class city who wished to be placed on the ballot by petition of nomination to be a registered voter in the county by the deadline for filing the petition). A candidate for city court judge in a third class city who is selected to fill an early or late ballot vacancy is only required to reside within the county where the city is located when the certificate of candidate selection is filed. (IC 3-8-1-28.5, as amended by HEA 1072, SECTION 1. Effective July 1, 1997; IC 3-8-1-1.5, as amended by HEA 1844, SECTION 111. Effective July 1, 1997.)

33. The former law concerning restrictions on polltaking in college and university student housing was reenacted. (The former law was inadvertently repealed after the expiration of the deputy registrar law in 1995). An organization or individual conducting a poll in college or university student housing must: (1) provide the university with information concerning the identity of the polltakers; (2) conduct the polling within limited hours; (3) comply with university policies restricting visitation by individuals of the other gender in student housing living areas; and (4) carry credentials and other identification while conducting the poll. (IC 3-6-11-2.5, IC 3-6-11-2.6, and IC 3-6-11-2.7, as added by HEA 1844, SECTIONS 51, 52, and 53. Effective July 1, 1997.)

34. For purposes of the current law restricting the publication of unauthorized slates, and requiring the filing of a slate with a county election board, a "slate" is defined as a "sample ballot, reproduction of an official ballot, or a listing of candidates... that expresses support for more than one (1) of the candidates set forth on the ballot or list." IC 3-14-1-2, as amended by HEA 1844, SECTION 399. Effective July 1, 1997.)

35. The current law prohibiting a police officer or firefighter from soliciting votes or campaign funds, or performing other election related functions while in uniform does not apply to: (1) a police officer or firefighter from consenting to the use of a photograph of the individual wearing his or her uniform as part of an advertisement in support of a candidate or political party; or (2) an individual serving as a pollbook holder under current law. IC 3-14-1-6, as amended by HEA 1844, SECTION 401. Effective July 1, 1997.)

36. A person commits "electioneering" within polls or within 50 feet of the entrance to the polls if the person expresses support or opposition to any candidate or political party or expresses approval or disapproval of any public question in any manner that could reasonably be expected to convey that support or opposition to another individual. (IC 3-14-3-16, as amended by HEA 1844, SECTION 405. Effective July 1, 1997.)

CERTIFICATION, CANVASSING, AND RECOUNTS 1. The election division (rather than the secretary of state under former law) must hand deliver or mail a statement to an individual who has filed a declaration of candidacy for nomination in a primary election. The statement must state the office for which the individual is a candidate and the date on which the declaration was filed. (IC 3-8-2-12, as amended by HEA 1844, SECTION 124. Effective July 1, 1997.)

2. Immediately after the deadline for filing a declaration of candidacy for nomination in a primary election, the election division (rather than the secretary of state under former law) shall certify a list of primary election candidates, along with a list of candidates whose declarations have been questioned in accordance with the revised candidate eligibility determination procedure under IC 3-8-1-2. These lists are to be immediately released to the public. (IC 3-8-2-13, as amended by HEA 1844, SECTION 126. Effective July 1, 1997.)

3. Immediately after the deadline for filing a request for placement on the presidential primary ballot, the election division (rather than the secretary of state under former law) shall certify a list of presidential primary candidates, along with a list of candidates whose requests have been questioned in accordance with the revised candidate eligibility determination procedure under IC 3-8-1-2. These lists are to be immediately released to the public. (IC 3-8-3-6, as amended by HEA 1844, SECTION 137. Effective July 1, 1997.)

4. At least 60 days before a primary election, the election division (rather than the secretary of state under former law) shall transmit to each county election board (rather than the circuit court clerk under former law) a list of all individuals who have filed a declaration of candidacy with the election division, and for whom voters may vote at the primary. The same procedure is now required for certifying the names of presidential primary candidates to a county election board. (Former law required this list to be certified by the secretary of state at least 53 days before the primary to the circuit court clerks.)

If the Indiana election commission determines that the certified list should be amended to add or remove the name of a candidate, the election division shall, as soon as practicable after the commission's determination, transmit an amendment to the certified list to the appropriate county election boards. (IC 3-8-2-17 and IC 3-8-3-8, as amended by HEA 1844, SECTIONS 128 and 139. Effective July 1, 1997.)

5. After receipt of the certified list of primary election candidates from the election division, the county election board shall publish a legal notice of the primary election. The legal notice must include the following information not required under former law: (1) the name of each presidential primary candidate; (2) the name and address of each candidate for school board office to be elected at the same time as the primary; and (3) the text of any public question to be placed on the ballot at the same time as the primary.

No later than noon, ten days before election day, the county election board is required to file a copy of the information in the legal notice: (1) with the election division; and (2) in the minutes of the county election board.

If the election division provides a county election board with an amendment to the certified list of primary candidates, the county election board is only required to file a copy of the amendment in the election board's minutes. The election board is not required to publish an additional legal notice concerning the amendment if: (1) the information for the legal notice has already been compiled; or (2) the election board determines it would be impractical to recompile completely revised information. (IC 3-8-2-19, as amended by HEA 1844, SECTION 130. Effective July 1, 1997.)

6. When a declared write-in candidate for a statewide or state legislative office withdraws, the election division of the secretary of state's office shall issue a corrected certification of write-in candidates as soon as practicable after the declaration is withdrawn. (IC 3-8-2-2.7, as amended by HEA 1844, SECTION 119. Effective July 1, 1997.)

7. No later than noon Monday after a presidential primary (rather than the following Tuesday under former law), each circuit court clerk shall send the election division (rather than the secretary of state) a complete copy of the presidential primary returns. The election division (rather than the secretary of state) tabulates these returns and promptly certifies the winner of the presidential primary to the appropriate state chairman. (IC 3-8-3-9 and IC 3-8-3-10, as amended by HEA 1844, SECTIONS 140 and 141. Effective July 1, 1997.)

8. No later than Monday after a primary election, each circuit court clerk shall send by certified mail or hand deliver to the election division (rather than the secretary of state) a complete copy of the primary election returns for candidates required to file a declaration of candidacy with the election division or for whom a certificate of nomination must be filed with the election division. (IC 3-10-1-33, as amended by HEA 1844, SECTION 217. Effective July 1, 1997.)

9. No later than noon Monday after a primary election (rather than within 20 days under former law), each circuit court clerk shall furnish the election division (rather than the secretary of state) with a complete list of all candidates nominated at the primary election. (IC 3-8-7-5, as amended by HEA 1844, SECTION 153. Effective July 1, 1997.)

10. No later than noon Monday after a primary election (rather than within 20 days under former law), each circuit court clerk shall furnish the election division (rather than the secretary of state) with a complete list of all state convention delegates elected at the primary. (IC 3-8-4-5, as amended by HEA 1844, SECTION 144. Effective July 1, 1997.)

11. The election division (rather than the secretary of state) shall conduct a canvass of the votes cast for primary election candidates required to file a declaration of candidacy with the election division. The canvass must be conducted no later than the second Wednesday following a primary election conducted in a general election year (rather than at 10 a.m. on the second Friday after the primary). (IC 3-10-1-34, as amended by HEA 1844, SECTION 218. Effective July 1, 1997.)

12. After a county voter registration office has certified a petition of nomination, the voter registration office may, at the request of a candidate named in the petition, return the original petition for the candidate to file with the appropriate official for placement on the general election ballot. (Former law did not authorize this procedure. If the candidate does not request the original certified petition, the county voter registration office must file the petition with the official authorized to place the candidate on the general election ballot. IC 3-8-6-10, as amended by HEA 1844, SECTION 148. Effective July 1, 1997.)

13. No later than noon August 1, a certificate of nomination for a statewide office must be filed with the election division (rather than the secretary of state under former law). No later than noon August 20, the election division (rather than the secretary of state) shall certify the certificate of nomination to the county election board. (IC 3-8-7-12 and IC 3-8-7-14, as amended by HEA 1844, SECTIONS 157-158. Effective July 1, 1997.)

14. No later than noon August 20 after a primary election, the election division (rather than the secretary of state) shall certify the results of the primary election for the nomination of candidates to federal, state, and state legislative offices, and for local offices who are required to file a declaration of candidacy with the election division under IC 3-8-2 (rather than candidates for local offices with an election district located in more than one county, as provided under former law). The election division shall transmit this certification to the county election board (rather than to the circuit court clerk under former law) as the certification of nomination for these candidates. (IC 3-8-7-2, IC 3-8-7-9, and IC 3-8-7-16, as amended by HEA 1844, SECTIONS 152, 155, and 159. Effective July 1, 1997.)

15. No later than noon August 20 before a general election, the election division (rather than the secretary of state) shall certify the text of any statewide public question (such as the ratification of a proposed state constitutional amendment) to each county election board (rather than to the circuit court clerk). The county election board (rather than the circuit court clerk) must publish a legal notice concerning the election to vote on the public question. (IC 3-10-3-1, as amended by HEA 1844, SECTION 222. Effective July 1, 1997.)

16. No later than noon September 1 before a presidential election, the state chairman of a political party or an independent candidate nominated by petition must certify the names of the party or ticket's candidates for presidential electors, and the party or ticket's nominees for President and Vice-President of the United States to the election division (rather than to the secretary of state). (IC 3-10-4-5, as amended by HEA 1844, SECTION 223. Effective July 1, 1997.)

17. No later than noon 60 days before the general election (rather than by noon September 2 under former law), the election division (rather than the secretary of state) shall certify the nominees for President and Vice-President of the United States to each county election board (rather than to the circuit court clerk under former law). (IC 3-8-7-16, as amended by HEA 1844, SECTION 159. Effective July 1, 1997.)

18. The election division may not certify the name of a candidate who wishes to decline a nomination. The election division or a county election board may not print the name of the candidate on the ballot.

A candidate who wishes to decline a nomination must submit a sworn statement of withdrawal in a form prescribed by the Indiana election commission. The declination must be filed with the election division (or a county election board, if appropriate). Under former law, this declination was filed with the secretary of state and was required to have a certificate of acknowledgment attached to the notice. (IC 3-8-7-17, as amended by HEA 1844, SECTION 160. Effective July 1, 1997.)

19. A candidate nominated by more than one political party, (or as an independent candidate and as the nominee of a political party) must file an election to choose only one of the nominations. The election must be filed in the office where a declaration of candidacy for the office sought must be filed under IC 3-8-2, or where a certificate of nomination for the office is filed following a state convention. (Former law required filing this election in multiple counties if the office sought had an election district containing more than one county.) If the candidate does not make the election, or does not designate the ballot symbol that the candidate wishes, the election division (rather than the secretary of state) makes the election for the person and designate the appropriate ballot symbol. IC 3-8-7-21 IC 3-8-7-22, and IC 3-8-7-23, as amended by HEA 1844, SECTIONS 161-163. Effective July 1, 1997.)

20. A candidate who wishes to change a candidate's name may, before the absentee ballots for the general election have been printed, file a statement with the office where a declaration of candidacy or certificate of nomination for the office must be filed, setting forth the former and current name of the candidate. The statement must also indicate that the candidate has previously filed a name change request with the county voter registration office to reflect the current name of the candidate, so that the names on the county voter registration and on the ballot will be identical. (IC 3-8-7-25.5, as amended by HEA 1844, SECTION 166. Effective July 1, 1997.)

21. No later than noon of the final date before the final date for the delivery of absentee ballots [46 days before the general election] (rather than "as soon as practicable" under former law), the election division (rather than the secretary of state) shall certify the names of all individuals who have filed as declared write-in candidates with the election division. (NOTE: HEA 1844-1997 did not amend IC 3-8-2-2.5 (a) or IC 3-8-2-5 to provide for the filing of a declaration of intent to be a write-in candidate with the election division.) (IC 3-8-7-30, as amended by HEA 1844, SECTION 168. Effective July 1, 1997.)

22. The election division (rather than the secretary of state) shall furnish each circuit court clerk with a certified list of the name and address of each candidate selected to fill a ballot vacancy. However, if the certificate of selection has been questioned under IC 3-8-1-2, the election division shall indicate on the certified list that the candidate's name is not to be printed on the ballot until the question is resolved by the commission or a court with jurisdiction in the matter. (IC 3-13-1-16 and IC 3-13-2-9, as amended by HEA 1844, SECTIONS 385 and 390. Effective July 1, 1997.)

23. A candidate vacancy in a small town on a political party which nominates candidates by petition (rather than by town convention) shall be filled by the town chairman of the party filing a certificate of selection (rather than another petition of nomination under former law) no later than the date and hour that a certificate of nomination must be filed following a town convention (rather than by noon August 1 under former law). (IC 3-13-1-18, as amended by HEA 1844, SECTION 387. Effective July 1, 1997.)

24. No later than ten days before a general election, the county election board (rather than the circuit court clerk) shall publish a legal notice of the general election. No later than noon ten days before election day, the county election board shall file a copy of the information in the legal notice: (1) with the election division; and (2) in the minutes of the county election board. (IC 3-10-2-2 and IC 36-4-1-4, as amended by HEA 1844, SECTIONS 219 and 453. Effective July 1, 1997.)

25. If a voter votes a straight-party ticket for more than one political party, the whole ballot is void with regard to all candidates nominated by a political party or designated as independent candidates on the ballot. However, the voter's vote for a school board candidate or on a public question shall be counted if otherwise valid. (IC 3-12-1-7, as amended by HEA 1844, SECTION 339. Effective July 1, 1997.)

26. A write-in vote cast at a precinct on a ballot card secrecy envelope is not valid unless: (1) the secrecy envelope is initialed by both poll clerks; and (2) the write-in vote includes both the name of the candidate and the office for which the write-in vote is cast. (IC 3-11-13-28.7, as amended by HEA 1844, SECTION 323. Effective July 1, 1997.)

27. The general rule that a write-in vote cast for an individual whose name appears on the ballots as a candidate for that office shall be counted as a vote for the candidate does not apply to an office for which more than one individual may be nominated or elected within the same election district. (IC 3-12-1-1.7, as amended by HEA 1844, SECTION 338. Effective July 1, 1997.)

28. If a ballot card has been cast as an absentee ballot, and the stub has been detached from the ballot card, but the stub and ballot card have both been sealed within the absentee ballot secrecy envelope, the ballot card shall be counted if the ballot card would otherwise be a valid ballot. (IC 3-11-13-34.5, as added by HEA 1844, SECTION 324. Effective July 1, 1997.)

29. In a county using the central count procedures to process absentee ballots, the absentee ballot counting teams must process votes cast on ballots printed by the election division (rather than the election commission) before processing other ballots. (IC 3-11.5-5-4, as added by HEA 1844, SECTION 324. Effective July 1, 1997.)

30. The software or source code of a ballot card voting system or an electronic voting system may not be changed while an election is being conducted or during the canvassing of election results. (IC 3-11-15-54, as added by HEA 1844, SECTION 332. Effective July 1, 1997.)

31. If an automatic tabulating machine for a ballot card voting system fails during the co