Citations Affected: IC 3-8; IC 3-13.
Synopsis: Candidate challenges. Requires a statement questioning the
validity of a declaration of candidacy to be filed with the election
division or county election board not later than noon 67 days before the
date of the primary election. Requires a statement questioning the
validity of a: (1) declaration of intent to be a write-in candidate; or (2)
certificate of candidate selection to fill a late candidate vacancy; to be
filed with the election division or county election board not later than
noon 14 days before election day. Requires a statement questioning the
validity of a: (1) petition of nomination; or (2) certificate of candidate
selection to fill an early candidate vacancy; to be filed with the election
division or county election board not later than noon 74 days before the
date on which the general or municipal election will be held. Requires
the election commission or county election board to rule on the validity
of a certificate of candidate selection to fill an early candidate vacancy
not later than noon 60 days before the date on which the general or
municipal election will be held.
Effective: July 1, 2001.
January 11, 2001, read first time and referred to Committee on Legislative Apportionment
& Elections.
February 19, 2001, reported favorably _ Do Pass.
February 27, 2001, read second time, ordered engrossed.
February 28, 2001, engrossed.
March 5, 2001, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
SECTION 1.
IC 3-8-2-14
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 14. (a) All questions concerning the
validity of a declaration filed with the secretary of state shall be
referred to and determined by the commission in accordance with the
deadline prescribed by section 18 of this chapter. A statement
questioning the validity of a declaration must be filed with the
election division under
IC 3-8-1-2
(c) not later than noon
sixty-seven (67) days before the date of the primary election.
(b) All questions concerning the validity of a declaration of
candidacy filed with a circuit court clerk shall be referred to and
determined by the county election board not later than the fifty-fourth
day noon fifty-four (54) days before the date of the primary election.
A statement questioning the validity of a declaration must be filed
with the county election board under
IC 3-8-1-2
(c) not later than
noon sixty-seven (67) days before the date of the primary election.
(c) A question concerning the validity of a declaration of intent to
be a write-in candidate shall be determined by the commission or the
county election board not later than noon seven (7) days before election
day. A statement questioning the validity of a declaration of intent
to be a write-in candidate must be filed with the election division
or county election board under
IC 3-8-1-2
(c) not later than noon
fourteen (14) days before election day.
SECTION 2.
IC 3-8-2-18
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 18. (a) The commission shall act
upon a question concerning a declaration of candidacy not later than
the fifty-fourth day noon fifty-four (54) days before the date of the
primary election.
(b) The notice requirements set forth in IC 4-21.5 do not apply to
the meeting conducted by the commission under subsection (a). The
election division is required to give the best possible notice of the
meeting to a person that the election division identifies as an interested
party. Unless a written objection is filed with the election division
before the end of the meeting, appearance in person or by counsel at
the commission's meeting to act under subsection (a) constitutes an
admission that adequate notice of the meeting has been given.
SECTION 3.
IC 3-8-6-14
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 14. (a) A person may not be
selected as a candidate by petition of nomination without giving written
consent and having it filed with the public official with whom
certificates and petitions of nomination are required to be filed.
(b) Each candidate nominated by petition of nomination must satisfy
all statutory eligibility requirements for the office for which the
candidate is nominated, including the filing of statements of economic
interest.
(c) All questions concerning the validity of a petition of nomination
filed with the secretary of state shall be referred to and determined by
the commission. A statement questioning the validity of a petition
of nomination must be filed with the election division under
IC 3-8-1-2
(c) not later than noon seventy-four (74) days before the
date on which the general or municipal election will be held for the
office.
(d) All questions concerning the validity of a petition of nomination
filed with a circuit court clerk shall be referred to and determined by
the county election board. A statement questioning the validity of a
petition of nomination must be filed with the county election board
under
IC 3-8-1-2
(c) not later than noon seventy-four (74) days
before the date on which the general or municipal election will be
held for the office.
(e) This subsection does not apply to a petition of nomination for
election to a school board office subject to
IC 3-8-2-14.
The
commission or a county election board shall rule on the validity of the
petition of nomination not later than noon sixty (60) days before the
date on which the general or municipal election will be held for the
office.
SECTION 4.
IC 3-13-1-16.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16.5. (a) All questions
concerning the validity of a certificate of candidate selection filed with
the election division shall be determined by the commission. A
statement questioning the validity of a certificate of candidate
selection must be filed with the election division under
IC 3-8-1-2
(c) not later than noon seventy-four (74) days before the
date on which the general or municipal election will be held for the
office.
(b) All questions concerning the validity of a certificate of candidate
selection filed with a circuit court clerk shall be referred to and
determined by the county election board. A statement questioning the
validity of a certificate of candidate selection must be filed with the
county election board under
IC 3-8-1-2
(c) not later than noon
seventy-four (74) days before the date on which the general or
municipal election will be held for the office.
(c) The commission or a county election board shall rule on the
validity of the certificate of candidate selection not later than noon
October 1 following the filing of the certificate sixty (60) days before
the date on which the general or municipal election will be held for
the office.
SECTION 5.
IC 3-13-2-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) All questions
concerning the validity of a certificate of candidate selection filed with
the election division shall be determined by the commission. A
statement questioning the validity of a certificate of candidate
selection must be filed with the election division under
IC 3-8-1-2
(c) not later than noon fourteen (14) days before general
election day.
(b) All questions concerning the validity of a certificate of candidate
selection filed with a circuit court clerk shall be determined by the
county election board. A statement questioning the validity of a
certificate of candidate selection must be filed with the county
election board under
IC 3-8-1-2
(c) not later than noon fourteen
(14) days before general election day.
(c) The commission or a county election board shall rule on the
validity of the certificate of candidate selection not later than noon
seven (7) days before general election day.