March 30, 2001





ENGROSSED

SENATE BILL No. 301

_____


DIGEST OF SB 301 (Updated March 28, 2001 11:17 AM - DI 75)



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.





Hume, Landske
(HOUSE SPONSORS _ CROOKS, FRENZ)




    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.

HOUSE ACTION

    March 12, 2001, read first time and referred to Committee on Elections and Apportionment.
    March 29, 2001, reported _ Do Pass.







March 30, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.


ENGROSSED

SENATE BILL No. 301



    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

    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.