Introduced Version
HOUSE BILL No. 1344
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 3-6-8-1
; IC 3-8;
IC 3-10-2
;
IC 3-13-1.
Synopsis: Ballot access; candidate deadlines. Reduces the number of
signatures of registered voters required by a political party or an
independent candidate to gain ballot access for all federal, state, and
local offices and for local offices in a single political subdivision, and
allows a political party obtaining ballot access by these methods to
nominate its candidates by a state or local convention. Provides certain
filing, certification, and withdrawal deadlines for petitions of
nomination and candidates nominated by a state convention. Allows a
party whose candidate obtains at least 0.5% of the total vote cast for
federal or state office to remain on the ballot for all federal, state, and
local offices until none of the party's candidates for federal or state
office meet that requirement in two consecutive elections. Provides for
certain deadlines for filling state convention candidate and early
candidate vacancies.
Effective: Upon passage.
Kruzan, Atterholt
January 15, 2002, read first time and referred to Committee on Elections and
Apportionment.
Introduced
Second Regular Session 112th General Assembly (2002)
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 2001 General Assembly.
HOUSE BILL No. 1344
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-6-8-1; (02)IN1344.1.1. -->
SECTION 1.
IC 3-6-8-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Each bona fide political
party or an independent candidate for a federal or a state office is
entitled to appoint watchers at each precinct in which the political party
or independent candidate is on the ballot.
(b) This subsection applies to a public question that is submitted to
the electorate. A county election board may appoint watchers if a
petition requesting the appointment is filed with the board. The petition
must be signed by:
(1) the chairman of a political action committee organized under
IC 3-9 to support or oppose the approval of the public question;
and
(2) at least the number of voters equal to
two one-half percent
(2%) (0.5%) of the votes cast in the last election for secretary of
state in the county.
(c) At any time during election day, each political action committee,
each political party, or an independent candidate for a federal or a state
office may have only one (1) watcher present at each precinct's polls.
SOURCE: IC 3-8-4-1; (02)IN1344.1.2. -->
SECTION 2.
IC 3-8-4-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter applies to each
political party in the state:
(1) whose nominee for:
(A) any federal office (excluding the office of
representative in the Congress of the United States); or
(B) any state office;
received at least one-half percent (0.5%) of the total vote cast
at the last election for that office; or
(2) that, under section 1.5 of this chapter, obtains by petition
the signatures of the number of registered voters equal to at
least two one-half percent (2%) (0.5%) of the total vote cast for
secretary of state at the last election.
SOURCE: IC 3-8-4-1.5; (02)IN1344.1.3. -->
SECTION 3.
IC 3-8-4-1.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 1.5. (a) A petition described in section 1(2)
of this chapter must be signed by the number of voters equal to at
least one-half percent (0.5%) of the total vote cast for secretary of
state at the last election.
(b) A person signing a petition described in section 1(2) of this
chapter must be registered to vote at the time of signing the
petition.
(c) A petition must contain the following information:
(1) A brief name of the political party circulating the petition.
(2) The signature of each person signing the petition.
(3) The name of each person signing the petition, legibly
printed.
(4) The residence mailing address of each person signing the
petition.
(5) A statement that the person is a registered and qualified
voter.
(d) Each person signing a petition described in section 1(2) of
this chapter must sign the person's name or have the person's
mark on the petition attested.
(e) For a petition described in section 1(2) of this chapter to be
considered valid, each person signing the petition must be certified
as being a voter in a particular county by the circuit court clerk or
board of registration of the county in which the person is
registered. The certification must accompany and be part of each
petition.
(f) A petition described in section 1(2) of this chapter,
accompanied by the certification described in subsection (e), must
be submitted to the office of the election division or circuit court
clerk by noon July 15 of the year in which the party plans to
conduct a state convention to nominate its candidates.
(g) If the office of the election division or the circuit court clerk
determines that a petition described in section 1(2) of this chapter
does not comply with the requirements of this section, the office or
the clerk shall notify the party's state chairman not later than
thirty (30) days after the petition is submitted, specifically stating
the reason or reasons why the petition does not comply with this
section.
SOURCE: IC 3-8-4-10; (02)IN1344.1.4. -->
SECTION 4.
IC 3-8-4-10
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) This section applies to
a political party:
(1) whose nominee for:
(A) any federal office (excluding the office of
representative in the Congress of the United States); or
(B) any state office;
received at least two one-half percent (2%) (0.5%) but less than
ten percent (10%) of the votes cast for secretary of state that
office at the last election for that office; or
(2) that, under section 1.5 of this chapter, obtains by petition
the signatures of the number of registered voters equal to at
least one-half percent (0.5%) of the total vote cast for
secretary of state at the last election.
(b) A political party subject to this section shall also nominate the
party's candidates for the following offices at the state convention of
the party:
(1) United States Senator.
(2) United States Representative.
(3) Governor.
(4) Legislative office.
(5) A local office listed in
IC 3-8-2-5.
SOURCE: IC 3-8-6-3; (02)IN1344.1.5. -->
SECTION 5.
IC 3-8-6-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A petition of nomination
must be signed by the number of voters equal to two one-half percent
(2%) (0.5%) of the total vote cast at the last election for secretary of
state in the election district that the candidate seeks to represent.
(b) In determining the number of signatures required under this
section, any fraction in excess of a whole number must be disregarded.
SOURCE: IC 3-8-6-10; (02)IN1344.1.6. -->
SECTION 6.
IC 3-8-6-10
, AS AMENDED BY P.L.260-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) Except as provided in section 11 of
this chapter, a petition of nomination must be submitted to the county
voter registration office of each county in which the election district is
located.
(b) The petition must be filed during the period beginning January
1 of the year in which the election will be held and ending at noon June
30 July 15 before the election.
(c) The county voter registration office shall certify and file a
petition that complies with the requirements of this chapter with the
public official authorized to place names on the ballot (and with the
town clerk-treasurer, if the petition of nomination is for a town office)
not later than noon July 15. August 1. Following certification of a
petition under this section, the office may, upon the request of a
candidate named in the petition, return the original petition to the
candidate for filing with the appropriate official in accordance with this
subsection.
(d) During a year in which a federal decennial census, federal
special census, special tabulation, or corrected population count
becomes effective under
IC 1-1-3.5
, a petition of nomination may be
filed for an office that will appear on the primary election ballot that
year as a result of the new tabulation of population or corrected
population count.
SOURCE: IC 3-8-6-13.5; (02)IN1344.1.7. -->
SECTION 7.
IC 3-8-6-13.5
, AS AMENDED BY P.L.260-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.5. A candidate may withdraw a petition of
nomination by noon:
(1) July 15 August 1 before a general or municipal election; or
(2) forty-five (45) days before a special election.
SOURCE: IC 3-8-7-8; (02)IN1344.1.8. -->
SECTION 8.
IC 3-8-7-8
, AS AMENDED BY P.L.260-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Either the chairman and secretary of a
state convention or the state chairman and state secretary of the
political party holding the state convention shall certify each candidate
nominated at the convention to the secretary of state not later than noon
July 15 August 1 before the general election.
(b) The certificate must state the following:
(1) Whether each candidate nominated by the convention has
complied with
IC 3-9-1-5
by filing a campaign finance statement
of organization.
(2) 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.
(c) The commission shall prescribe the form of the certificate of
nomination for the offices. The commission shall provide that the form
of the certificate of nomination include the following information near
the separate signature required by subsection (b)(2):
(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.
(d) A certificate of nomination must include a statement that the
candidate requests the name on the candidate's voter registration record
be the same as the name the candidate uses on the certificate of
nomination. If there is a difference between the name on the candidate's
certificate of nomination and the name on the candidate's voter
registration record, the officer with whom the certificate of nomination
is filed shall forward the information to the voter registration officer of
the appropriate county as required by
IC 3-5-7-6
(e). The voter
registration officer of the appropriate county shall change the name on
the candidate's voter registration record to be the same as the name on
the candidate's certificate of nomination.
SOURCE: IC 3-8-7-14; (02)IN1344.1.9. -->
SECTION 9.
IC 3-8-7-14
, AS AMENDED BY P.L.260-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. A certificate of nomination required to be
filed with the election division or circuit court clerk shall be filed not
later than noon July 15 August 1 before the date fixed for the election
of the person nominated.
SOURCE: IC 3-8-7-21; (02)IN1344.1.10. -->
SECTION 10.
IC 3-8-7-21
, AS AMENDED BY P.L.260-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) If a person has been nominated by two
(2) or more political parties, or as an independent candidate and as the
nominee of at least one (1) political party, the person must elect which
of the nominations the person will accept.
(b) The election must be in writing, signed, acknowledged before an
officer authorized to take acknowledgments, and filed in the office
where a declaration of candidacy must be filed for the office under
IC 3-8-2
or where a certificate of nomination by a convention must be
filed under this chapter by noon July 15 August 1 before the election.
SOURCE: IC 3-8-7-25; (02)IN1344.1.11. -->
SECTION 11.
IC 3-8-7-25
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 25.
(a) The election
division and each county election board shall have printed on the
respective general, special, or municipal election ballots the names of
the following candidates:
(1) Nominees chosen at a primary election under IC 3-10 and
certified as required by this chapter.
(2) Nominees chosen by a convention of a political party in the
state whose candidate for:
(A) any federal office (excluding the office of
representative in the Congress of the United States); or
(B) any state office;
received at least two one-half percent (2%) (0.5%) of the total
vote cast for secretary of state that office at the last election and
was certified under section 8 of this chapter.
(3) Nominees nominated by petition under
IC 3-8-6.
(4) Nominees selected to fill a candidate vacancy under
IC 3-13-1
or
IC 3-13-2.
(b) Candidates of a political party who are listed on an election
ballot under subsection (a)(2) are entitled to be listed on the ballot
for all general, special, and municipal elections until none of the
political party's candidates for:
(1) any federal office (excluding the office of representative in
the Congress of the United States); or
(2) any state office;
receives at least one-half percent (0.5%) of the total vote cast for
any of those offices in two (2) consecutive elections.
SOURCE: IC 3-10-2-15; (02)IN1344.1.12. -->
SECTION 12.
IC 3-10-2-15
, AS AMENDED BY P.L.202-1999,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) This section applies to a political
party:
(1) whose nominee for:
(A) any federal office (excluding the office of
representative in the Congress of the United States); or
(B) any state office;
received at least two one-half percent (2%) (0.5%) but less than
ten percent (10%) of the total vote cast at the last election for
that office; or
(2) that, under section 15.2 of this chapter, obtains by petition
the signatures of the number of registered voters equal to at
least one-half percent (0.5%) of the votes cast for secretary of
state at the last election for that office in a political subdivision.
(b) This section applies only to a local office that is:
(1) not listed in
IC 3-8-2-5
; and
(2) not a municipal office subject to
IC 3-8-5-17
or
IC 3-10-6-12.
(c) A political party subject to this section shall nominate the party's
candidate for a local office at a county convention of the party.
(d) The chairman and secretary of the convention shall execute a
certificate of nomination in writing, setting out the following:
(1) The name of each nominee as:
(A) the nominee wants the nominee's name to appear on the
ballot; and
(B) the nominee's name is permitted to appear on the ballot
under
IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(5) The political party device or emblem by which the ticket will
be designated on the ballot.
Both the chairman and secretary shall acknowledge the certificate
before an officer authorized to take acknowledgment of deeds.
(e) Each candidate nominated under this section shall execute a
consent to the nomination in the same form as a candidate nominated
by petition under
IC 3-8-6.
(f) The certificate required by subsection (d) and the consent
required by subsection (e) must be filed with the circuit court clerk of
the county containing the greatest percentage of population of the
election district for which the candidate has been nominated by the
convention not later than noon August 1.
(g) A candidate's consent to the nomination must include a
statement that the candidate requests the name on the candidate's voter
registration record be the same as the name the candidate uses on the
consent to the nomination. If there is a difference between the name on
the candidate's consent to the nomination and the name on the
candidate's voter registration record, the officer with whom the consent
to the nomination is filed shall forward the information to the voter
registration officer of the appropriate county. The voter registration
officer of the appropriate county shall change the name on the
candidate's voter registration record to be the same as the name on the
candidate's consent to the nomination.
SOURCE: IC 3-10-2-15.2; (02)IN1344.1.13. -->
SECTION 13.
IC 3-10-2-15.2
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15.2. (a) A petition described
in section 15(a)(2) of this chapter must be signed by the number of
voters equal to at least one-half percent (0.5%) of the total vote
cast for secretary of state at the last election in a political
subdivision.
(b) A person signing a petition described in section 15(a)(2) of
this chapter must be registered to vote at the time of signing the
petition.
(c) A petition must contain the following information:
(1) A brief name of the political party circulating the petition.
(2) The signature of each person signing the petition.
(3) The name of each person signing the petition, legibly
printed.
(4) The residence mailing address of each person signing the
petition.
(5) A statement that the person is a registered and qualified
voter.
(d) Each person signing a petition described in section 15(a)(2)
of this chapter must sign the person's name or have the person's
mark on the petition attested.
(e) For a petition described in section 15(a)(2) of this chapter to
be considered valid, each person signing the petition must be
certified as being a voter in a particular county by the circuit court
clerk or board of registration of the county in which the person is
registered. The certification must accompany and be part of each
petition.
(f) A petition described in section 15(a)(2) of this chapter,
accompanied by the certification described in subsection (e), must
be submitted to the circuit court clerk of the county in which the
political subdivision is located by noon July 15 of the year in which
the party plans to conduct a convention in the political subdivision
to nominate its candidates.
(g) If the circuit court clerk of the county in which the political
subdivision is located determines that a petition described in
section 15(a)(2) of this chapter does not comply with the
requirements of this section, the clerk shall notify the party's
county chairman not later than thirty (30) days after the petition
is submitted, specifically stating the reason or reasons why the
petition does not comply with this section.
SOURCE: IC 3-13-1-2; (02)IN1344.1.14. -->
SECTION 14.
IC 3-13-1-2
, AS AMENDED BY P.L.260-2001,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. A candidate vacancy that exists on a
primary election ballot may not be filled for the primary election. The
resulting vacancy on the following general or municipal election ballot
may be filled in the manner prescribed by this chapter, but only if it is
filled by noon June 30 August 1 before election day.
SOURCE: IC 3-13-1-7; (02)IN1344.1.15. -->
SECTION 15.
IC 3-13-1-7
, AS AMENDED BY P.L.260-2001,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Except as provided in subsection (b),
action to fill a candidate vacancy must be taken:
(1) not later than noon June 30 August 1 after the primary
election if the vacancy exists on a general or municipal election
ballot; and
(2) within thirty (30) days after the occurrence of the vacancy, if
the vacancy exists on a special election ballot, subject to section
2 of this chapter.
(b) This subsection applies to a candidate vacancy that exists before
the thirtieth day before a general, municipal, or special election and
that is due to any of the following:
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under
IC 3-8-1-5.
(4) A court order issued under
IC 3-8-7-29
(d).
Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
chapter for reasons permitted under this subsection must be taken
within thirty (30) days after the occurrence of the vacancy.
SOURCE: IC 3-13-1-15; (02)IN1344.1.16. -->
SECTION 16.
IC 3-13-1-15
, AS AMENDED BY P.L.260-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) A county chairman filling a candidate
vacancy under section 6(a)(2) of this chapter or the chairman of a
meeting filling a candidate vacancy under this chapter shall file a
written certificate of candidate selection on a form prescribed by the
commission stating the following information for each candidate
selected:
(1) The name of each candidate 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) The address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(b) of this
chapter; or
(B) a committee acting under section 6(a) of this chapter to fill
a candidate vacancy in the office of judge of a circuit, superior,
probate, county, or small claims court or prosecuting attorney;
or
(2) the circuit court clerk, for a committee acting under section
6(a) of this chapter to fill a candidate vacancy for a local office
not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the primary election ballot as described in section 2 of this
chapter. The certificate required by subsection (a) shall be filed not
later than noon July 3 August 4 before election day.
(d) This subsection applies to all candidate vacancies not described
by subsection (c). The certificate required by subsection (a) shall be
filed not more than three (3) days (excluding Saturdays and Sundays)
after selection of the candidates.
SOURCE: IC 3-13-1-20; (02)IN1344.1.17. -->
SECTION 17.
IC 3-13-1-20
, AS AMENDED BY P.L.260-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 20. (a) This section applies to a political party
subject to
IC 3-8-4-10.
(b) A candidate vacancy that exists following the convention of the
party shall be filled by the state committee of the political party not
later than noon June 30 August 1 before election day. The chairman of
the state committee shall act in accordance with section 15 of this
chapter to certify the candidate selected to fill the vacancy.
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the general election ballot resulting from the failure of the
convention to nominate a candidate for an office. The certificate
required by subsection (b) shall be filed not later than noon July 3
August 4 before election day.
(d) This subsection applies to all candidate vacancies not described
by subsection (c). The certificate required by subsection (b) shall be
filed not more than three (3) days (excluding Saturdays and Sundays)
after selection of the candidates.
SOURCE: ; (02)IN1344.1.18. -->
SECTION 18.
An emergency is declared for this act.