February 17, 2004
ENGROSSED
HOUSE BILL No. 1360
_____
DIGEST OF HB 1360
(Updated February 16, 2004 11:23 am - DI 102)
Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-9; IC 3-10;
IC 3-11; IC 11-10.
Synopsis: Various election law matters. Provides the following after
December 31, 2004: (1) That an appointed member of a county election
board or a board of elections and registration may not be a member of
a candidate's committee. (2) That a circuit court clerk may not be a
member of a candidate's committee other than the clerk's own
candidate's committee. Provides that materials generated by a party
convention or caucus to nominate candidates are the political party's
property. Provides that a withdrawal of a declaration of candidacy must
be filed not later than three days after the deadline for filing the
declaration of candidacy. Provides that a poll clerk may make a record
of individuals who have signed the poll list and make that list available
to a watcher or pollbook holder. Makes changes in the standards for the
eligibility of delegates to a town convention. Makes changes relating
to deadlines for a committee to file its statement of organization, the
printing of candidate names on the ballot, and holding primaries when
candidates are unopposed. Makes various technical changes in statutes
relating to voter registration. Provides that the legislative body of a
small town may adopt an ordinance to provide for town elections to be
held in any year in which a general or a municipal election is held.
(Continued next page)
Effective: Upon passage; July 1, 2004.
Richardson
(SENATE SPONSORS _ LAWSON C, BREAUX)
January 20, 2004, read first time and referred to Committee on Elections and
Apportionment.
January 29, 2004, amended, reported _ Do Pass.
February 2, 2004, read second time, ordered engrossed.
February 3, 2004, engrossed.
February 5, 2004, read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 9, 2004, read first time and referred to Committee on Elections and Civic Affairs.
February 16, 2004, reported favorably _ Do Pass.
Digest Continued
Requires a political party that nominates all its candidates for local
office by convention to nominate those candidates not later than noon
on the date major party candidates are required to fill a candidate
vacancy. Provides for the questioning of the validity of the nomination
of the candidates and for the withdrawal of the candidates. Requires the
department of correction to inform a discharged criminal offender in
writing of the person's right to register to vote and to provide the
criminal offender with a copy of the state voter's bill of rights.
February 17, 2004
Second Regular Session 113th General Assembly (2004)
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 2003 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1360
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 3-5-4-10; (04)EH1360.1.1. -->
SECTION 1. IC 3-5-4-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) This section applies to:
(1) a convention required or permitted under this title that is
conducted by a political party to nominate candidates; or
(2) a caucus conducted by a political party under IC 3-13 to
nominate candidates.
(b) The ballots, poll lists, and other documents or material
generated for or used by the convention or caucus are the property
of the political party. This property shall be retained and preserved
in the manner specified by the rules of the political party.
SOURCE: IC 3-6-5-3; (04)EH1360.1.2. -->
SECTION 2. IC 3-6-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 3.
(a) A person who is a candidate
for elected office
or, after December 31, 2004, a member of a
candidate's committee may not be appointed as:
(1) a member of a county election board;
(2) a proxy of record
for a member under section 4.5 of this
chapter; or
(3) an alternate proxy of record for the a member under section
4.5 of this chapter.
(b) If an appointed member, a proxy, or an alternate proxy becomes:
(1) a candidate for elected office; or
(2) after December 31, 2004, a member of a candidate's
committee;
the member, proxy, or alternate proxy may not continue to serve on the
county election board. In addition,
(c) An appointed member, a proxy, or an alternate proxy may not
hold elected office while a member serving on the county election
board.
(d) The circuit court clerk may not be a member of a
candidate's committee other than the clerk's own candidate's
committee.
SOURCE: IC 3-6-5.2-4.5; (04)EH1360.1.3. -->
SECTION 3. IC 3-6-5.2-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 4.5. (a) This section applies after December 31, 2004.
A person who is a candidate for elected office or a member of a
candidate's committee may not be appointed as a member of the
board.
(b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate's committee;
the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a
member of the board.
(d) The circuit court clerk may not be a member of a
candidate's committee other than the clerk's own candidate's
committee.
SOURCE: IC 3-6-5.4-4.5; (04)EH1360.1.4. -->
SECTION 4. IC 3-6-5.4-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 4.5. (a) This section applies after December 31, 2004.
A person who is a candidate for elected office or a member of a
candidate's committee may not be appointed as a member of the
board.
(b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate's committee;
the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a
member of the board.
(d) The circuit court clerk may not be a member of a
candidate's committee other than the clerk's own candidate's
committee.
SOURCE: IC 3-7-14-9; (04)EH1360.1.5. -->
SECTION 5. IC 3-7-14-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. An employee of the
commission who provides an individual with a driver's license or
identification card application shall do the following:
(1) Inform each individual who applies for a driver's license or an
identification card that the information the individual provides on
the individual's application will be used to register the individual
to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) the individual answers "no" to either question
described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application if requested to do so by the individual.
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the license branch
manager (or the employee designated by the manager to be
responsible for voter registration services) for transmittal to the
appropriate circuit court clerk or board of registration.
(5) Inform the individual that the individual will receive a mailing
from the circuit court clerk or board of county voter registration
office of the county where the individual resides concerning the
disposition of the voter registration application.
(6) Inform each individual who submits a change of address for
a driver's license or identification card that the information serves
as notice of a change of address for voter registration unless the
applicant states in writing on the form that the change of address
is not for voter registration purposes.
SOURCE: IC 3-7-15-9; (04)EH1360.1.6. -->
SECTION 6. IC 3-7-15-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. An employee of the office
who provides an individual with an application for assistance or
services under section 3 of this chapter shall do the following:
(1) Inform each individual who applies for assistance or services
that the information the individual provides on the individual's
voter registration application will be used to register the
individual to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual:
(i) declines to register to vote; or
(ii) fails to complete the voter registration part of the
application; or
(iii) answers "no" to either question described by
IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 42 U.S.C. 1973gg-5(a)(4)(ii).
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator to
be responsible for voter registration services) for transmittal to the
appropriate circuit court clerk or board of county voter
registration office.
(5) Inform the individual that the individual will receive a mailing
from the circuit court clerk or board of county voter registration
office of the county where the individual resides concerning the
disposition of the voter registration application.
SOURCE: IC 3-7-16-16; (04)EH1360.1.7. -->
SECTION 7. IC 3-7-16-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. An employee
or a volunteer of the office who provides an individual with an
application for assistance or services under this chapter shall do the
following:
(1) Inform each individual who applies for assistance or services
that the information the individual provides on the individual's
voter registration application will be used to register the
individual to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) answers "no" to either question described by
IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 42 U.S.C. 1973gg-5(a)(4)(ii).
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator to
be responsible for voter registration services) for transmittal to the
appropriate circuit court clerk or board of county voter
registration office.
(5) Inform the individual that the individual will receive a mailing
from the circuit court clerk or board of county voter registration
office of the county where the individual resides concerning the
disposition of the voter registration application.
SOURCE: IC 3-7-18-8; (04)EH1360.1.8. -->
SECTION 8. IC 3-7-18-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. An employee of the office
who provides an individual with an application for assistance or
services under this chapter shall do the following:
(1) Inform each individual who applies for assistance or services
that the information the individual provides on the individual's
voter registration application will be used to register the
individual to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) answers "no" to either question described by
IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 42 U.S.C. 1973gg-5(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator to
be responsible for voter registration services) for transmittal to the
appropriate circuit court clerk or board of county voter
registration office.
(5) Inform the individual that the individual will receive a mailing
from the circuit court clerk or board of county voter registration
office of the county where the individual resides concerning the
disposition of the voter registration application.
SOURCE: IC 3-8-2-20; (04)EH1360.1.9. -->
SECTION 9. IC 3-8-2-20 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 20. A person who files a declaration
of candidacy under this chapter may, at any time
no not later than noon
seventy-four (74) seventy-one (71) days before the date set for holding
the primary election, file a statement with the same office where the
person filed the declaration of candidacy, stating that the person is no
longer a candidate and does not wish the person's name to appear on
the primary election ballot as a candidate.
SOURCE: IC 3-8-5-11; (04)EH1360.1.10. -->
SECTION 10. IC 3-8-5-11, AS AMENDED BY P.L.167-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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. An individual is eligible to participate in a town
convention if the individual meets all the following requirements:
(1) The voter resides in the town on the date the convention is
conducted.
(2) The voter became a registered voter of the town not later
than the date specified in the rules of the major political party
conducting the convention.
(3) The voter subscribes to a statement under the penalties for
perjury stating that the individual is affiliated with the
political party conducting the convention.
(4) The voter complies with any other requirement for
determining political party affiliation set forth in the rules of
the major political party conducting the convention.
(b) The county election board shall furnish the secretary of the
convention a list of all the town's voters. The list must state the date
that the individual became a voter of the town, if the individual
became a voter of the town during the year in which the list is
furnished. An individual who wants to vote in a town convention must
register with the secretary of the convention and subscribe to the
statement described in subsection (a)(3) 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.
SOURCE: IC 3-8-7-18; (04)EH1360.1.11. -->
SECTION 11. IC 3-8-7-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18.
(a) This
subsection applies to an office to which only one (1) candidate may
be elected. If a certificate or petition of nomination contains the name
of more than one (1) candidate for
an elected the office,
neither name
none of the names of the candidates on the certificate or petition
may be printed
on the ballot as a candidate for the office.
(b) This subsection applies to an office for which more than one
(1) candidate may be elected. If the certificate or petition contains
the names of more than the total number of candidates that may be
elected to that office, none of the names of the candidates on the
certificate or petition may be printed on the ballot as a candidate
for the office.
SOURCE: IC 3-9-1-1.5; (04)EH1360.1.12. -->
SECTION 12. IC 3-9-1-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 1.5. (a) This section:
(1) applies after December 31, 2004; and
(2) does not apply to a national committee of a political party.
(b) For purposes of determining the deadline for filing a
statement of organization under section 3 of this chapter, a
committee becomes a regular party committee when the committee
accepts contributions or makes expenditures during a calendar
year:
(1) to influence the election of a candidate for state, legislative,
or local office; and
(2) that total more than one hundred dollars ($100).
SOURCE: IC 3-10-1-5; (04)EH1360.1.13. -->
SECTION 13. IC 3-10-1-5, AS AMENDED BY P.L.176-1999,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Whenever there is no contest in a
political party for the nomination of a candidate or candidates for an
office, the party may hold a primary election for that nomination. The
appropriate election board shall certify the names of the candidates for
each nomination for which there is no contest as though a primary
election had been held. However, except as provided in subsections (b)
through (c), if there is a contest in any party for any nomination, the
name of each candidate of each party shall be placed on the primary
election ballot, whether or not the candidate is opposed.
(b) If the only contest in a political party is for the election of a
precinct committeeman or a delegate to the party's state convention, the
names of unopposed candidates for nomination are not required to be
placed on the primary election ballot unless the appointed member of
the county election board affiliated with the political party files a
written request that these names be printed on the primary election
ballot.
(c) The names of unopposed candidates for election as a precinct
committeeman or a delegate to a political party's state convention are
not required to be placed on the primary election ballot unless
the an
appointed member of the county election board affiliated with the
political party files a written request that these names be printed on the
primary election ballot.
(d) If a party wants to conduct a primary under subsection (c),
the
an appointed member of the county chairman of election board
affiliated with the party must file a notice with the county election
board not later than noon seven (7) days after the final date for filing
a declaration of candidacy, stating that the party will hold a primary.
SOURCE: IC 3-10-2-15; (04)EH1360.1.14. -->
SECTION 14. IC 3-10-2-15, AS AMENDED BY P.L.66-2003,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) This section applies to a political party
whose nominee received at least two percent (2%) but less than ten
percent (10%) of the votes cast for secretary of state at the last election
for that office.
(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
conducted not later than noon on the date specified by
IC 3-13-1-7(a)(1) for a major political party to act to fill a
candidate vacancy.
(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 July 15. on the date specified by
IC 3-13-1-15(c) for a major political party to file a certificate of
candidate selection.
(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.
(h) A question concerning the validity of a candidate's
nomination under this section shall be determined by a county
election board in accordance with IC 3-13-1-16.5(b) and
IC 3-13-1-16.5(c).
(i) A nominee who wants to withdraw must file a notice of
withdrawal in accordance with IC 3-8-7-28.
SOURCE: IC 3-10-6-12; (04)EH1360.1.15. -->
SECTION 15. IC 3-10-6-12, AS AMENDED BY P.L.202-1999,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 12. (a) This section applies to a political party:
(1) not qualified to conduct a primary election under IC 3-10; and
(2) not required to nominate candidates by a petition of
nomination under IC 3-8-6.
(b) The political party may conduct a convention to nominate
candidates for city or town office
not later than noon on the date
specified by IC 3-13-1-7(a)(1) for a major political party to act to
fill a candidate vacancy.
(c) The chairman and secretary of the convention shall execute and
acknowledge a certificate setting forth the nominees of the convention
in accordance with IC 3-8-5-13. The certificate must be filed with the
circuit court clerk of the county containing the greatest percentage of
population of the municipality not later than noon
August 28. on the
date specified by IC 3-13-1-15(c) for a major political party to file
a certificate of candidate selection.
(d) 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. The consent must be filed with the
certificate under subsection (c).
(e) 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 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 consent to the nomination.
(f) A question concerning the validity of a candidate's
nomination under this section shall be determined by a county
election board in accordance with IC 3-13-1-16.5(b) and
IC 3-13-1-16.5(c).
(g) A nominee who wants to withdraw must file a notice of
withdrawal in accordance with IC 3-8-7-28.
SOURCE: IC 3-10-7-2.9; (04)EH1360.1.16. -->
SECTION 16. IC 3-10-7-2.9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Sec. 2.9. (a) This section does not apply to a town located
wholly or partially within a county having a consolidated city.
(b) During the year preceding a municipal election conducted
under section 2 of this chapter, a town may adopt an ordinance
changing the time municipal elections are held for the offices of the
town legislative body members, clerk-treasurer, and judge.
(c) The ordinance described in subsection (b) must provide all
the following:
(1) The years in which town elections shall be held. A town
election may not be held in a year following a year in which an
election for electors for President of the United States is held.
(2) That the elections for town offices shall be held during
general elections or municipal elections, or both.
(3) Which town officers are to be elected in each of the years
of the town election cycle. The ordinance must provide that at
least two (2) town officers shall be elected in each year of the
town election cycle. The ordinance may provide for all town
officers to be elected at the same election.
(4) The term of office of each town officer elected in the first
election cycle after adoption of the ordinance. A term of office
set under this subdivision may not exceed four (4) years.
(5) That the term of office of each town officer elected after
the first election cycle after adoption of the ordinance is four
(4) years.
(6) That the term of office of each town officer begins on
January 1 after the election.
(d) A town may repeal an ordinance adopted under subsection
(b) subject to both of the following:
(1) The ordinance may not be repealed earlier than twelve
(12) years after the ordinance was adopted.
(2) The ordinance may be repealed only in a year preceding
a municipal election held at the time described in IC 3-10-6-5.
SOURCE: IC 3-10-7-3; (04)EH1360.1.17. -->
SECTION 17. IC 3-10-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. If a town has
established staggered terms for its town council, or has adopted an
ordinance under section 2.7 or 2.9 of this chapter, the county election
board shall conduct a municipal election in that town that coincides
with a general election.
SOURCE: IC 3-11-8-10.5; (04)EH1360.1.18. -->
SECTION 18. IC 3-11-8-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10.5. A poll clerk may record
the names of individuals who have signed the poll list and make
that record available to a watcher or pollbook holder who requests
the information. However, the poll clerk must ensure that:
(1) a voter is not delayed in casting the voter's votes as a result
of the preparation of the record, or by providing the
information; and
(2) the poll clerk does not engage in electioneering (as defined
under IC 3-14-3-16) in providing this information.
SOURCE: IC 11-10-12-4; (04)EH1360.1.19. -->
SECTION 19. IC 11-10-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. Upon the discharge
of a criminal offender, the department shall do the following:
(1) Certify the discharge to the clerk of the sentencing court,
Upon receipt of the certification, the clerk who shall make an
entry on the record of judgment that the sentence has been
satisfied.
(2) Inform the criminal offender in writing of the right to
register to vote under IC 3-7-13-5.
(3) Provide the criminal offender with a copy of the voter's
bill of rights prescribed by the Indiana election commission
under IC 3-5-8.
SOURCE: ; (04)EH1360.1.20. -->
SECTION 20.
An emergency is declared for this act.
EH 1360_LS 6873/DI 75
Figure
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned