SB 242-4_ Filed 03/24/2005, 11:16 Stilwell
Adopted 3/24/2005


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 242 be amended to read as follows:

SOURCE: Page 1, line 1; (05)MO024204.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 3-8-3-9; (05)MO024204.1. -->     "SECTION 1. IC 3-8-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. Each circuit court clerk shall, not later than noon on the second Monday after the day the primary election is held, send to the election division by certified mail or hand delivery one (1) complete copy of all returns for presidential candidates. The clerk shall state the number of votes received by each candidate in each congressional district within the county.
SOURCE: IC 3-8-4-5; (05)MO024204.2. -->     SECTION 2. IC 3-8-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) This section applies to each political party that elects delegates to the party's state convention at a primary election.
    (b) Each circuit court clerk, not later than noon on the second Monday after a primary election, shall furnish the election division with a complete list of all delegates elected at the primary election to the state convention of a political party. The list must include the address of each delegate and the United States congressional district in which each delegate resides.
SOURCE: IC 3-8-7-5; (05)MO024204.3. -->     SECTION 3. IC 3-8-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Each circuit court clerk, not later than noon on the first second Monday after a primary election conducted in a year in which a general election will be held, shall furnish the election division with a complete list of all:
        (1) candidates nominated; and
        (2) state convention delegates elected;
at the primary election.
    (b) The list must include the address of each candidate and delegate and the United States congressional district in which each candidate and delegate resides.
SOURCE: IC 3-10-1-33; (05)MO024204.4. -->     SECTION 4. IC 3-10-1-33 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 33. (a) The county election board shall also make an additional duplicate showing the votes cast for each candidate required to file a declaration of candidacy with the election division under IC 3-8-2.
    (b) The circuit court clerk shall, not later than noon on the second Monday following the primary election, send to the election division by certified mail or hand deliver to the election division one (1) complete copy of all returns for these candidates.
SOURCE: IC 3-11.7-5-1; (05)MO024204.5. -->     SECTION 5. IC 3-11.7-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) After the close of the polls, provisional ballots shall be counted as provided in this chapter.
    (b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all provisional ballots must be counted by not later than noon on the second Monday following the election.
SOURCE: IC 3-12-4-12; (05)MO024204.6. -->     SECTION 6. IC 3-12-4-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. Not later than noon on the second Monday after the county election board certifies the election results under section 9 of this chapter, the circuit court clerk shall furnish to the county chairman of each political party a copy of the statement.
SOURCE: IC 3-12-5-1; (05)MO024204.7. -->     SECTION 7. IC 3-12-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Whenever a candidate is elected to a local office that is commissioned by the governor under IC 4-3-1-5, the circuit court clerk shall prepare a statement under the clerk's seal specifying the number of votes received by each candidate for that office.
    (b) The statement prepared under subsection (a) must also include the number of votes cast for and against the following:
        (1) The ratification of a state constitutional amendment submitted to the electorate.
        (2) The retention of a justice of the supreme court or a judge of the court of appeals or tax court.
        (3) Each candidate who was declared elected by the county election board under IC 3-12-4-9.
    (c) The clerk shall send or hand deliver the statement to the election division not later than noon on the second Monday following election day.
    (d) The election division shall tabulate the votes received under this section. Not later than the second third Friday after the election, the

secretary of state shall issue a certificate certifying the following:
        (1) Each state constitutional amendment ratified or rejected.
        (2) Each justice or judge retained or removed.
    (e) The election division shall provide a copy of a certificate described by:
        (1) subsection (d)(1) to the chief justice of the Indiana supreme court and the director of the office of code revision of the legislative services agency; and
        (2) subsection (d)(2) to the chief justice of the state.
    (f) The election division shall provide a copy of all statements received under this section to the office.

SOURCE: IC 3-12-5-5; (05)MO024204.8. -->     SECTION 8. IC 3-12-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Not later than noon on the second Monday following an election for governor and lieutenant governor, each circuit court clerk shall prepare a certified statement under the clerk's seal showing the number of votes each candidate received. The clerk shall transmit the statement to the election division. The election division shall deliver:
        (1) the statement to the speaker of the house of representatives before the date described in subsection (b); and
        (2) a copy of each statement to the office.
    (b) The house of representatives and the senate shall meet in joint convention not later than the date specified in Article 5, Section 9 of the Constitution of the State of Indiana for the commencement of the term of the governor and the lieutenant governor to hear the canvass of votes cast for governor and lieutenant governor.
    (c) The joint convention shall act to resolve any:
        (1) tie vote, as required under Article 5, Section 5 of the Constitution of the State of Indiana; or
        (2) contest under Article 5, Section 6 of the Constitution of the State of Indiana.
    (d) The joint rules that governed the house of representatives and senate before the general election govern the joint convention until those rules are amended as provided in those rules.
    (e) After resolving any tie or contest, the presiding officer of the joint convention shall certify to the convention that the individuals receiving the most votes according to the canvass have been elected governor and lieutenant governor.
SOURCE: IC 3-12-5-6; (05)MO024204.9. -->     SECTION 9. IC 3-12-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) Not later than noon on the second Monday following an election, each circuit court clerk shall prepare a certified statement under the clerk's seal of the number of votes received by each candidate for:
        (1) federal office;
        (2) state office;
        (3) legislative office; and
        (4) a local office for which a declaration of candidacy must be

filed with the election division under IC 3-8-2.
    (b) The clerk shall send the statements by certified mail, return receipt requested, or hand deliver the statements to the election division.
    (c) The election division shall provide a copy of each statement to the office.

SOURCE: IC 3-12-5-11; (05)MO024204.10. -->     SECTION 10. IC 3-12-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) As soon as practical, but no later than noon on the second Monday following an election for a legislative office, each circuit court clerk shall:
        (1) prepare a certified statement under the clerk's seal specifying the number of votes received in the county by each candidate for legislative office; and
        (2) send the statement by certified mail, return receipt requested, or hand deliver the statement to the election division.
    (b) The election division shall provide a copy of each statement to the office.
SOURCE: IC 3-12-6-2; (05)MO024204.11. -->     SECTION 11. IC 3-12-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A candidate who desires a recount of votes must file a verified petition no later than noon seven (7) fourteen (14) days after election day.
    (b) A county chairman who is entitled to and desires a recount of votes must file a verified petition not later than noon ten (10) seventeen (17) days after election day.
    (c) The petition must be filed in the circuit or superior court of each county in which is located a precinct in which the individual desires a recount.
SOURCE: IC 3-12-8-5; (05)MO024204.12. -->     SECTION 12. IC 3-12-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) A candidate who desires to contest an election or a nomination under this chapter must file a verified petition with the circuit court clerk of the county that contains the greatest percentage of the population of the election district no later than noon seven (7) fourteen (14) days after election day.
    (b) A county chairman who is entitled to and desires to contest an election or a nomination under this chapter must file a verified petition with the circuit court clerk of the county that contains the greatest percentage of the population of the election district not later than noon ten (10) seventeen (17) days after election day.
    (c) A petition for a contest of an election in different municipalities, whether in the same court of the county or not, may not be consolidated.
SOURCE: IC 3-12-11-2; (05)MO024204.13. -->     SECTION 13. IC 3-12-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A candidate who desires:
        (1) a recount of votes cast for a nomination or election subject to this chapter; or
        (2) to contest a nomination subject to this chapter or the election

of a state office other than governor or lieutenant governor;
must file a verified petition with the election division not later than noon seven (7) fourteen (14) days after election day.
    (b) A state or county chairman who is entitled to and desires to file a petition for a recount or contest under this chapter must file a verified petition with the election division not later than noon ten (10) seventeen (17) days after election day.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 242 as printed March 22, 2005.)

________________________________________

Representative Stilwell


MO024204/DI 102     2005