Reprinted

April 6, 2001





ENGROSSED

SENATE BILL No. 395

_____


DIGEST OF SB 395 (Updated April 5, 2001 1:10 PM - DI 75)



Citations Affected: IC 3-8; IC 3-11; IC 3-14; IC 36-1.

Synopsis: Various election law matters. Provides that the legislative body of a small town may adopt an ordinance to provide for the nomination of candidates for town offices in a primary election instead of a town convention. Provides that an individual may not vote at more than one convention held in the town during the same election year. Makes a violation of this restriction a Class A misdemeanor. Provides a standard for determining the political party affiliation of a candidate who files a declaration of candidacy for a primary election or of an appointee to a board of a political subdivision. Provides that political affiliation is determined by either: (1) the political party in whose primary election was the most recent that the candidate or appointee voted; or (2) the political party of the county chairman who certifies that the candidate or appointee is a member of that political party. Provides that in the case of a candidate who has never voted in a primary election, party affiliation is determined by any party claimed by the candidate. Provides that a county election board may adopt a resolution to authorize the circuit court clerk to establish satellite offices in the county where voters may cast absentee ballots before an absentee voter board. Requires the county election board to adopt such a resolution by unanimous consent of the entire membership of the board.

Effective: July 1, 2001.





Skillman
(HOUSE SPONSORS _ KROMKOWSKI, WHETSTONE)




    January 18, 2001, read first time and referred to Committee on Legislative Apportionment & Elections.
    February 5, 2001, reported favorably _ Do Pass.
    February 8, 2001, read second time, amended, ordered engrossed.
    February 9, 2001, engrossed.
    February 12, 2001, read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 26, 2001, read first time and referred to Committee on Elections and Apportionment.
    March 21, 2001, amended, reported _ Do Pass.
    April 5, 2001, read second time, amended, ordered engrossed.







Reprinted

April 6, 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. 395



    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 3-8-2-7, AS AMENDED BY P.L.202-1999, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) The declaration of each candidate required by this chapter must be signed before a person authorized to administer oaths and contain the following information:
        (1) The candidate's name, printed or typewritten as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) A statement that the candidate is a registered voter and the location of the candidate's precinct and township (or ward and city or town), county, and state.
        (3) The candidate's complete residence address, and if the candidate's mailing address is different from the residence address, the mailing address.
        (4) A statement of the candidate's party affiliation. For purposes

of this subdivision, a candidate is considered to be affiliated with a political party only if any of the following applies:
            (A) The most recent primary election in which the candidate voted was a primary election held by the party with which the candidate claims affiliation.
            (B) The candidate has never voted in a primary election and claims a party affiliation.
            (C) The county chairman of:
                (i) the political party with which the candidate claims affiliation; and
                (ii) the county in which the candidate resides;
            certifies that the candidate is a member of the political party.

        (5) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
        (6) A request that the candidate's name be placed on the official primary ballot of that party to be voted on, the office for which the candidate is declaring, and the date of the primary election.
        (7) A statement that the candidate:
            (A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
            (B) agrees to comply with the provisions of IC 3-9.
        The candidate must separately sign the statement required by this subdivision.
        (8) A statement as to whether the candidate has been a candidate for state or local office in a previous primary or general election and whether the candidate has filed all reports required by IC 3-9-5-10 for all previous candidacies.
        (9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate's principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of candidacy under section 11 of this chapter.
        (10) The candidate's signature.
    (b) The commission shall provide that the form of a declaration of

candidacy includes the following information near the separate signature required by subsection (a)(7):
        (1) The dates for filing campaign finance reports under IC 3-9.
        (2) The penalties for late filing of campaign finance reports under IC 3-9.
    (c) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
    SECTION 2. IC 3-8-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) A candidate for a town office shall may be nominated as follows: using any of the following methods:
        (1) By convention conducted under this chapter.
         (2) By a primary election.
        (2) (3) By petition filed under IC 3-8-6. or
        (3) (4) If a town convention was or a primary election is not required under section 10 of this chapter for the political party of which the candidate is a member, by the candidate's declaration of candidacy.
     (b) Unless a town legislative body adopts an ordinance under subsection (c), a town shall use the convention method described in this chapter to nominate candidates for town offices.
    (c) The town legislative body of a town covered by this chapter may adopt an ordinance to specify any other method described in subsection (a) to nominate candidates for town offices.
    (d) The town legislative body must adopt an ordinance under subsection (c) not later than January 1 of the year in which a municipal election is held. The town clerk-treasurer shall send a copy of the ordinance to the circuit court clerk of the county that contains the greatest percentage of the town's population.
    (e) If a town adopts an ordinance under subsection (c) to nominate candidates by a primary election, the following apply:
        (1) The county election board of the county that contains the greatest percentage of the town's population shall conduct the

primary election for the town.
        (2) All statutes governing primary elections for towns apply.
        (3) The town may not change the method of nominating candidates for town offices more than one (1) time in any twelve (12) year period.

    SECTION 3. IC 3-8-5-10, AS AMENDED BY P.L.144-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) If more than one (1) candidate from the same political party files a declaration of candidacy for the same office, that political party shall conduct:
         (1) a town convention under this chapter; or
        (2) a primary election;

to choose the nominee of that party for that office as provided in the ordinance adopted under section 2 of this chapter.
    (b) If a town convention is required under subsection (a), the town chairman shall organize, conduct, and issue a call for a town convention to be held in the town, or, if there is no suitable location in the town, then either at the nearest available location within any county in which the town is located or at the county seat of any county in which the town is located.
    (c) The convention must be held before August 21 in each year in which a municipal election is to be held. The purpose of the convention is to select the nominees for all town offices to be elected at the next municipal election and for which more than one (1) declaration of candidacy has been filed.
    (d) The chairman shall file a notice of the call with the circuit court clerk of the county containing the greatest percentage of population of the town. The chairman shall also have notice of the call posted at least three (3) days in three (3) prominent public places in the town, including the office of the clerk-treasurer. The notice must state the time, place, and purpose of the convention.
    SECTION 4. IC 3-8-5-10.5, AS AMENDED BY P.L.202-1999, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10.5. (a) A person who desires to be nominated for a town office by a major political party must file a declaration of candidacy with the circuit court clerk of the county containing the greatest percentage of population of the town.
    (b) A declaration of candidacy must be filed:
        (1) not earlier than January 1; and
        (2) not later than:
             (A) noon August 1 before a municipal election if the town nominates its candidates by convention; and


            (B) the date that a declaration of candidacy must be filed under IC 3-8-2-4 if the town nominates its candidates by a primary election.
    (c) The declaration must be subscribed and sworn to (or affirmed) before a notary public or other person authorized to administer oaths.
    (d) The declaration of each candidate required by this section must certify the following information:
        (1) The candidate's name, printed or typewritten as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) That the candidate is a registered voter and the location of the candidate's precinct and township (or the ward and town), county, and state.
        (3) The candidate's complete residence address and the candidate's mailing address if the mailing address is different from the residence address.
        (4) The candidate's party affiliation and the office to which the candidate seeks nomination, including the district designation if the candidate is seeking a town legislative body seat.
        (5) That the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
        (6) The candidate's signature.
    (e) Immediately after the deadline for filing, the circuit court clerk shall do all of the following:
        (1) Certify to the town clerk-treasurer and release to the public a list of the candidates of each political party for each office. The list shall indicate any candidates of a political party nominated for an office under this chapter because of the failure of any other candidates of that political party to file a declaration of candidacy for that office.
        (2) Post a copy of the list in a prominent place in the circuit court clerk's office.
        (3) File a copy of each declaration of candidacy with the town clerk-treasurer.
    (f) A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for

which a per diem or salary is provided for by law until the original declaration is withdrawn.
    (g) A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same year as a member of a different political party until the original declaration is withdrawn.
    (h) A person who files a declaration of candidacy under this section may file a written notice withdrawing the person's declaration of candidacy in the same manner as the original declaration was filed, if the notice of withdrawal is filed by not later than:
        (1)
noon August 1 before the municipal election if the town nominates its candidates by convention; and
        (2) the date that a declaration of candidacy may be withdrawn under IC 3-8-2-20 if the town nominates its candidates in a primary election.

    (i) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
    SECTION 5. IC 3-8-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) To determine who may vote at the convention, the standards prescribed by IC 3-10-1-6 through IC 3-10-1-10 for determining political party affiliation at a primary election apply.
    (b) The county election board shall furnish the secretary of the convention a list of all the town's voters. An individual who wants to vote in a town convention must register with the secretary of the convention before being permitted to vote in the convention. The secretary of the convention shall note on the list of the town's voters when an individual registers with the secretary.
    (c) An individual may not vote at more than one (1) convention held in the town during the same election year.

    SECTION 6. IC 3-8-5-14.3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14.3. If a convention or a primary election is not required under section 10 of this chapter,

notwithstanding IC 3-10-7:
        (1) a municipal primary election or town convention may not be held; and
        (2) each candidate who filed a declaration of candidacy shall be placed on the municipal election ballot, unless IC 3-10-7-6(b) applies.
    SECTION 7. IC 3-11-10-26 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26. (a) As an alternative to voting by mail, a voter entitled to cast an absentee ballot may vote by absentee ballot before an absentee voter board:
         (1) in the office of the circuit court clerk; or
        (2) at a satellite office established under section 26.3 of this chapter.

    (b) The voter must sign an application on the form prescribed by the commission under IC 3-11-4-5.1 before being permitted to vote. The application must be received by the circuit court clerk not later than the time prescribed by IC 3-11-4-3.
    (c) The voter may vote before the board not more than twenty-nine (29) days nor later than noon on the day before election day.
    (d) The absentee voter board in the office of the circuit court clerk must permit voters to cast absentee ballots under this section for at least seven (7) hours on each of the two (2) Saturdays preceding election day.
    (e) Notwithstanding subsection (d), in a county with a population of less than twenty thousand (20,000), the absentee voter board in the office of the circuit court clerk, with the approval of the county election board, may reduce the number of hours available to cast absentee ballots under this section to a minimum of four (4) hours on each of the two (2) Saturdays preceding election day.
    SECTION 8. IC 3-11-10-26.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26.3. (a) A county election board may adopt a resolution to authorize the circuit court clerk to establish satellite offices in the county where voters may cast absentee ballots before an absentee voter board.
    (b) To be adopted under this section, a resolution must be adopted by the unanimous vote of the board's entire membership.
    (c) A resolution adopted under this section must do the following:
        (1) State the locations of the satellite offices.
        (2) State the hours at which absentee voting may occur at the satellite offices.


    (d) The resolution may contain other provisions the board considers useful.
    (e) If a resolution is adopted under this section, the procedure for casting an absentee ballot at a satellite office must, except as provided in this section, be substantially the same as the procedure for casting an absentee ballot in the office of the circuit court clerk.

    SECTION 9. IC 3-14-2-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 30. A person who knowingly votes at a town convention in violation of IC 3-8-5-11(c) commits a Class A misdemeanor.
    SECTION 10. IC 36-1-8-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) As used in this section, "board" means an administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similarly designated body of a political subdivision.
    (b) Whenever a law or political subdivision's resolution requires that an appointment to a board be conditioned upon the political affiliation of the appointee, or that the membership of a board not exceed a stated number of members from the same political party, at the time of an appointment either of the following must apply to the appointee: must:
        (1) have voted in The most recent primary election in which the appointee voted was a primary election held by the party with which the appointee claims affiliation. or
        (2) if The appointee did not vote in the most recent primary election held by the party with which the appointee claims affiliation, be is certified as a member of that party by the party's county chairman for the county in which the appointee resides.
    (c) Notwithstanding any other law, if the term of an appointed member of a board expires and the appointing authority does not make an appointment to fill the vacancy, the member may continue to serve on the board for only sixty (60) days after the expiration date of the member's term.