Introduced Version
HOUSE BILL No. 1370
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-2.1-3-2; IC 3-5; IC 3-8; IC 3-9; IC 3-10-8-5;
IC 3-11; IC 3-11.5-4-2; IC 3-12-1; IC 3-13; IC 33-23-11-15.
Synopsis: Ballot vacancies. Provides that if a candidate dies,
withdraws, or is disqualified after the delivery of absentee ballots to the
clerk, the name of the candidate remains on the ballot and the
candidate vacancy is not filled for a general, municipal, or special
election. Provides that if the candidate wins the election, the office
vacancy is filled under existing law. Repeals statutes concerning the
filling of late candidate vacancies, the reprinting of ballots, and
procedures for updating ballots after printing.
Effective: July 1, 2005.
Tincher
January 13, 2005, read first time and referred to Committee on Elections and
Apportionment.
Introduced
First Regular Session 114th General Assembly (2005)
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 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1370
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 2-2.1-3-2; (05)IN1370.1.1. -->
SECTION 1. IC 2-2.1-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) Not later than
seven (7) calendar days following the first session day in January of
each year every member of the general assembly shall file with the
principal clerk of the house or secretary of the senate, respectively, a
written statement of the member's or candidate's economic interests for
the preceding calendar year listing the following:
(1) The name of the member's or candidate's employer and the
employer of the member's or candidate's spouse and the nature of
the employer's business. The house of representatives and senate
need not be listed as an employer.
(2) The name of any sole proprietorship owned or professional
practice operated by the member or candidate or the member's or
candidate's spouse and the nature of the business.
(3) The name of any partnership of which the member or
candidate or the member's or candidate's spouse is a member and
the nature of the partnership's business.
(4) The name of any corporation of which the member or
candidate or the member's or candidate's spouse is an officer or
director and the nature of the corporation's business. Churches
need not be listed.
(5) The name of any corporation in which the member or
candidate or the member's or candidate's spouse or
unemancipated children own stock or stock options having a fair
market value in excess of ten thousand dollars ($10,000). No time
or demand deposit in a financial institution or insurance policy
need be listed.
(6) The name of any state agency or the supreme court of Indiana
which licenses or regulates the following:
(A) The member's or candidate's or the member's or
candidate's spouse's profession or occupation.
(B) Any proprietorship, partnership, corporation, or limited
liability company listed under subdivision (2), (3), or (4) and
the nature of the licensure or regulation.
The requirement to file certain reports with the secretary of state
or to register with the department of state revenue as a retail
merchant, manufacturer, or wholesaler shall not be considered as
licensure or regulation.
(7) The name of any person whom the member or candidate
knows to have been a lobbyist in the previous calendar year and
knows to have purchased any of the following:
(A) From the member or candidate, the member's or
candidate's sole proprietorship, or the member's or candidate's
family business, goods or services for which the lobbyist paid
in excess of one hundred dollars ($100).
(B) From the member's or candidate's partner, goods or
services for which the lobbyist paid in excess of one thousand
dollars ($1,000).
This subdivision does not apply to purchases made after
December 31, 1998, by a lobbyist from a legislator's retail
business made in the ordinary course of business at prices that are
available to the general public. For purposes of this subdivision,
a legislator's business is considered a retail business if the
business is a retail merchant as defined in IC 6-2.5-1-8.
(8) The name of any person or entity from whom the member or
candidate received the following:
(A) Any gift of cash from a lobbyist.
(B) Any single gift other than cash having a fair market value
in excess of one hundred dollars ($100).
However, a contribution made by a lobbyist to a charitable
organization (as defined in Section 501(c) of the Internal Revenue
Code) in connection with a social or sports event attended by
legislators need not be listed by a member of the general assembly
unless the contribution is made in the name of the legislator.
(C) Any gifts other than cash having a fair market value in the
aggregate in excess of two hundred fifty dollars ($250).
Campaign contributions need not be listed. Gifts from a spouse
or close relative need not be listed unless the donor has a
substantial economic interest in a legislative matter.
(9) The name of any lobbyist who is:
(A) a member of a partnership or limited liability company;
(B) an officer or a director of a corporation; or
(C) a manager of a limited liability company;
of which the member of or candidate for the general assembly is
a partner, an officer, a director, a member, or an employee, and a
description of the legislative matters which are the object of the
lobbyist's activity.
(10) The name of any person or entity on whose behalf the
member or candidate has appeared before, contacted, or
transacted business with any state agency or official thereof, the
name of the state agency, the nature of the appearance, contact, or
transaction, and the cause number, if any. This requirement does
not apply when the services are rendered without compensation.
(11) The name of any limited liability company of which the
member of the general assembly, the candidate, or the member's
or candidate's individual spouse has an interest.
(b) Before any person, who is not a member of the general assembly
files the person's declaration of candidacy, declaration of intent to be
a write-in candidate, or petition of nomination for office or is selected
as a candidate for the office under IC 3-13-1, or IC 3-13-2, the person
shall file with the clerk of the house or secretary of the senate,
respectively, the same written statement of economic interests for the
preceding calendar year that this section requires members of the
general assembly to file.
(c) Any member of or candidate for the general assembly may file
an amended statement upon discovery of additional information
required to be reported.
SOURCE: IC 3-5-2-7.5; (05)IN1370.1.2. -->
SECTION 2. IC 3-5-2-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7.5. As used in IC 3-9,
"caucus" refers to a caucus to fill a candidate vacancy under IC 3-13-1.
or IC 3-13-2. The term does not include a caucus to fill a vacant office
under IC 3-13-5 or IC 3-13-11.
SOURCE: IC 3-5-2-32.7; (05)IN1370.1.3. -->
SECTION 3. IC 3-5-2-32.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 32.7. "Nomination
date" refers to the following:
(1) For candidates nominated in a primary election, the date of the
primary election.
(2) For candidates nominated in a convention, the date the
convention is scheduled to be called to order, according to the call
of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date the
certificate of selection of the candidate is filed under
IC 3-13-1-15. or IC 3-13-2-8.
(4) For candidates nominated by petition, the final date the
petition of nomination is permitted to be filed under
IC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate's
declaration of intent to be a write-in candidate is permitted to be
filed under IC 3-8-2-4.
SOURCE: IC 3-5-2-35; (05)IN1370.1.4. -->
SECTION 4. IC 3-5-2-35 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 35. "Paster" means a sticker that is
used to correct the name of a candidate on ballots whenever
(1) a new candidate is appointed or selected under IC 3-13-1 or
IC 3-13-2; or
(2) a change must be made to correct any error
after the ballots are printed and before the election.
SOURCE: IC 3-5-7-6; (05)IN1370.1.5. -->
SECTION 5. IC 3-5-7-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. (a) This section does not apply
to any of the following:
(1) A candidate in a presidential primary election under IC 3-8-3.
(2) A candidate for President of the United States.
(3) A candidate for Vice President of the United States.
(b) As used in this section, "candidacy document" refers to any of
the following:
(1) A declaration of intent to be a write-in candidate.
(2) A declaration of candidacy.
(3) A consent to the nomination.
(4) A consent to become a candidate.
(5) A certificate of candidate selection.
(6) A consent filed under IC 3-13-2-7.
(7) (6) A statement filed under IC 33-24-2 or IC 33-25-2.
(c) Whenever a candidate files a candidacy document on which the
candidate uses a name that is different from the name set forth on the
candidate's voter registration record, the candidate's signature on the
candidacy document constitutes a request to the county voter
registration office that the name on the candidate's voter registration
record be the same as the name the candidate uses on the candidacy
document.
(d) A request by a candidate under this section is considered filed
with the county voter registration office when the candidacy document
is filed with the election division or the county election board.
(e) The election division or the county election board shall forward
a request filed under this section to the county voter registration office
not later than seven (7) days after receiving the request.
SOURCE: IC 3-8-1-1.6; (05)IN1370.1.6. -->
SECTION 6. IC 3-8-1-1.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.6. (a) This section
does not apply to a candidate unless the candidate is required to file a
campaign finance statement of organization under IC 3-9-1-5 or
IC 3-9-1-5.5.
(b) Not later than noon fourteen (14) days after the final day for
filing a declaration of candidacy, declaration of intent to be a write-in
candidate, petition of nomination, certificate of nomination, or
certificate of candidate selection under IC 3-13-1-15, or IC 3-13-2-8,
the election division or county election board shall determine if a
candidate has complied with IC 3-9-1-5 or IC 3-9-1-5.5 (if applicable)
by filing any campaign finance statement of organization required for
the candidate's committee.
SOURCE: IC 3-8-1-2; (05)IN1370.1.7. -->
SECTION 7. IC 3-8-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The commission, a county
election board, or a town election board shall act if a candidate (or a
person acting on behalf of a candidate in accordance with state law) has
filed any of the following:
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under
IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination
under IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1.
or
IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under
IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-6-12.
(b) The commission has jurisdiction to act under this section with
regard to any filing described in subsection (a) that was made with the
election division. Except for a filing under the jurisdiction of a town
election board, a county election board has jurisdiction to act under this
section with regard to any filing described in subsection (a) that was
made with the county election board, county voter registration office,
or the circuit court clerk. A town election board has jurisdiction to act
under this section with regard to any filing that was made with the
county election board, the county voter registration office, or the circuit
court clerk for nomination or election to a town office.
(c) Except as provided in subsection (e), before the commission or
election board acts under this section, a registered voter of the election
district that a candidate seeks to represent must file a sworn statement
with the election division or election board:
(1) questioning the eligibility of a candidate to seek the office;
and
(2) setting forth the facts known to the voter concerning this
question.
(d) The eligibility of a write-in candidate or a candidate nominated
by a convention, petition, or primary may not be challenged under this
section if the commission or board determines that all of the following
occurred:
(1) The eligibility of the candidate was challenged under this
section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit
before the nomination.
(3) This challenge would be based on substantially the same
grounds as the previous challenge to the candidate.
(e) Before the commission or election board can consider a contest
to the denial of a certification under IC 3-8-6-12, a candidate (or a
person acting on behalf of a candidate in accordance with state law)
must file a sworn statement with the election division or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the
basis for the contest.
(f) Upon the filing of a sworn statement under subsection (c) or (e),
the commission or election board shall determine the validity of the
questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15;
or IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-6-12.
(g) The commission or election board shall deny a filing if the
commission or election board determines that the candidate has not
complied with the applicable requirements for the candidate set forth
in the Constitution of the United States, the Constitution of the State of
Indiana, or this title.
SOURCE: IC 3-8-1-5.5; (05)IN1370.1.8. -->
SECTION 8. IC 3-8-1-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.5. (a) Except as
provided in IC 3-13-1-19 and IC 3-13-2-10 for filling a vacancy on a
ticket, a person who:
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is
defeated;
(3) files a declaration of candidacy for nomination by a county,
city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus
conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next
general or municipal election.
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered
a candidate for the same office as a candidate for a district seat on
a fiscal body; and
(2) a candidate for United States representative from a district in
Indiana is considered a candidate for the same office as a
candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written
request for placement on the presidential primary ballot under IC 3-8-3.
SOURCE: IC 3-8-1-17; (05)IN1370.1.9. -->
SECTION 9. IC 3-8-1-17 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 17. A candidate for the office of
judge of a superior or probate court must:
(1) be admitted to the practice of law in Indiana upon filing a
declaration of candidacy or petition of nomination, or upon the
filing of a certificate of candidate selection under IC 3-13-1-15;
or IC 3-13-2-8; and
(2) comply with any other requirement for that office set forth in
IC 33-29, IC 33-33, or IC 33-31.
SOURCE: IC 3-8-1-18; (05)IN1370.1.10. -->
SECTION 10. IC 3-8-1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. A candidate for the
office of judge of a county court must:
(1) be a United States citizen; and
(2) be admitted to the practice of law in Indiana upon filing a
declaration of candidacy or petition of nomination, or upon the
filing of a certificate of candidate selection under IC 3-13-1-15.
or IC 3-13-2-8.
SOURCE: IC 3-8-1-28.5; (05)IN1370.1.11. -->
SECTION 11. IC 3-8-1-28.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 28.5. (a) This section
does not apply to a candidate for the office of judge of a city court in a
city located in a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand (300,000).
(b) A candidate for the office of judge of a city court must reside in
the city upon filing a declaration of candidacy or declaration of intent
to be a write-in candidate required under IC 3-8-2, a petition of
nomination under IC 3-8-6, or a certificate of nomination under
IC 3-10-6-12.
(c) A candidate for the office of judge of a city court must reside in
a county in which the city is located upon the filing of a certificate of
candidate selection under IC 3-13-1-15. or IC 3-13-2-8.
(d) This subsection applies to a candidate for the office of judge of
a city court listed in IC 33-35-5-7(c). Before a candidate for the office
of judge of the court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15; or
IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or certificate of
nomination under IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the
practice of law in Indiana.
SOURCE: IC 3-8-1-29.5; (05)IN1370.1.12. -->
SECTION 12. IC 3-8-1-29.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 29.5. (a) This section
applies to a candidate for the office of judge of a town court listed in
IC 33-35-5-7(c).
(b) Before a candidate for the office of judge of the court may file
a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15; or
IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or certificate of
nomination under IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the
practice of law in Indiana.
SOURCE: IC 3-8-1-30; (05)IN1370.1.13. -->
SECTION 13. IC 3-8-1-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 30. A candidate for the
office of judge of a small claims court must:
(1) be a United States citizen upon taking office;
(2) either:
(A) have resided in the township from which the candidate is
elected for at least one (1) year upon taking office; or
(B) have been elected as a small claims court judge in the
township before 1999;
(3) be of high moral character and reputation; and
(4) be admitted to the practice of law in Indiana upon filing a
declaration of candidacy or petition of nomination or upon the
filing of a certificate of candidate selection under IC 3-13-1-15.
or IC 3-13-2-8.
SOURCE: IC 3-8-1-33; (05)IN1370.1.14. -->
SECTION 14. IC 3-8-1-33, AS AMENDED BY P.L.14-2004,
SECTION 52, AND AS AMENDED BY P.L.98-2004, SECTION 31,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 33. (a) A candidate for an office
listed in subsection (b) must file a statement of economic interests.
(b) Whenever a candidate for any of the following offices is also
required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1: or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and state superintendent
of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in
accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, clerk of the supreme court, judge
of the court of appeals, judge of the tax court, judge of a circuit
court, judge of a superior court, judge of a county court, judge of
a probate court, and prosecuting attorney, in accordance with
IC 33-23-11-14 and IC 33-23-11-15.
SOURCE: IC 3-8-7-20; (05)IN1370.1.15. -->
SECTION 15. IC 3-8-7-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. (a) If a person has
been nominated as a candidate for the same office by:
(1) both convention and petition;
(2) both primary election and petition;
(3) both primary election and convention;
(4) more than one (1) petition; or
(5) more than one (1) convention;
the person's name may be placed on the ballot only once.
(b) This subsection applies only to a person nominated by both
convention and petition. The person's name shall be placed on the list
of candidates nominated by convention, and the place occupied by the
person's name in the petition must be left blank. However, if the
candidate files a written statement:
(1) acknowledged before a person authorized to take
acknowledgments;
(2) in the office where a petition of nomination for the office must
be filed;
(3) no later than noon of the last day for filing a petition of
nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by
petition;
the person's name must be so printed and omitted from the list
nominated by convention.
(c) This subsection applies only to a person nominated by both
primary election and petition. The person's name must be placed on the
list of candidates nominated by primary election, and the place
occupied by the person's name in the petition must be left blank.
However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a petition of nomination for the office must
be filed;
(3) not later than noon the last day for filing a petition of
nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by
petition;
the person's name must be so printed and omitted from the list
nominated by primary election.
(d) This subsection applies only to a person nominated by both
primary election and convention. The person's name must be placed on
the list of candidates nominated by primary election, and the place
occupied by the person's name in the certificate of nomination of the
convention must be left blank. However, if the candidate files a written
statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a certificate of nomination for the office
must be filed;
(3) not later than noon the last day for filing a certificate of
nomination; and
(4) requesting that the person's name be printed as nominated by
convention;
the person's name must be so printed and omitted from the list
nominated by primary election.
(e) This subsection applies only to a person nominated by more than
one (1) petition. The person's name must be placed on the list of
candidates nominated by petition for the first petition of nomination
certified under IC 3-8-6 and filed with the election division or county
election board under IC 3-8-6-10(c), and the place occupied by the
person's name in a subsequent petition must be left blank. However, if
the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a petition of nomination for the office must
be filed;
(3) not later than noon the last day for filing a petition of
nomination under IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by
a subsequent petition;
the person's name must be placed on the list of candidates nominated
by the subsequent petition.
(f) This subsection applies to a person nominated by more than one
(1) convention. The person's name must be placed on the list of
candidates nominated by convention for the first certificate of
nomination filed with the public official with whom the certificate is
required to be filed, and the place occupied by the person's name in a
subsequent certificate of nomination of the convention must be left
blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take
acknowledgments;
(2) in the office where a certificate of nomination for the office
must be filed;
(3) not later than noon the last day for filing a certificate of
nomination; and
(4) requesting that the person's name be printed as nominated by
a subsequent convention;
the person's name must be printed as nominated by the subsequent
convention.
(g) If an individual is nominated as a candidate under IC 3-13-1 to
fill a candidate vacancy, the individual is considered for purposes of
this section to have been nominated in the same manner as the
candidate whom the individual succeeded or in the same manner as a
candidate would have been nominated if no nomination is made. If an
individual is nominated as a candidate under IC 3-13-2 to fill a
candidate vacancy, the individual may not be placed on the ballot as
the candidate of any other political party.
SOURCE: IC 3-8-7-25; (05)IN1370.1.16. -->
SECTION 16. IC 3-8-7-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25. 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 received at least two percent (2%) of the
total vote cast for secretary of state at the last election and
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.
SOURCE: IC 3-8-7-29; (05)IN1370.1.17. -->
SECTION 17. IC 3-8-7-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 29. (a) This section
applies:
(1) if a person:
(A) has been certified as a candidate in a certificate of
nomination filed under this chapter;
(B) moves from the election district that the person sought to
represent following the filing of the certificate of nomination;
(C) does not file a notice of withdrawal of candidacy under
section 28 of this chapter; and
(D) is no longer an active candidate; or
(2) if a person is disqualified from being a candidate under
IC 3-8-1-5.
(b) The county chairman of any political party on the ballot in the
election district or a candidate for the office sought by the person
described in subsection (a) may, upon determining that this section
applies, file an action in the circuit court in the county where the person
described in subsection (a) resided. The complaint in this action must:
(1) state that this section applies to the person; and
(2) name the person described in subsection (a) and the public
official responsible for placing that person's name on the ballot as
defendants.
(c) When a complaint is filed under subsection (b), the circuit court
shall conduct a hearing and rule on the petition within ten (10) days
after it is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy
occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person
described in subsection (a); and
(B) a candidate on the ballot for the office sought by the
person described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1. or
IC 3-13-2.
SOURCE: IC 3-9-1-5; (05)IN1370.1.18. -->
SECTION 18. IC 3-9-1-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 5. (a) This section does not apply
to the following candidates:
(1) A candidate for a local office for which the compensation is
less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the name
of the principal committee and the names of the chairman and treasurer
of the committee. The written instrument must be filed not later than
the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing any
of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1. or
IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under
IC 3-8-2.
(3) The date a candidate is required to file the candidate's first
campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the
statement of organization required from the principal committee.
SOURCE: IC 3-9-5-8.5; (05)IN1370.1.19. -->
SECTION 19. IC 3-9-5-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8.5. (a) This section
applies to a candidate who is selected to fill a vacancy on the ballot
under IC 3-13-1. or IC 3-13-2.
(b) A candidate is not required to prepare or file a report before the
nomination date.
(c) Except as provided in subsection (d), The period for the first
report required for a candidate begins on the date that the individual
became a candidate and ends fourteen (14) days after the nomination
date.
(d) This subsection applies to a candidate selected under IC 3-13-2
to fill a vacancy on the ballot. A candidate is not required to prepare or
file a report before or after the nomination date. The period for the first
report required for a candidate begins on the date that the individual
became a candidate and ends December 31 following the election.
SOURCE: IC 3-10-8-5; (05)IN1370.1.20. -->
SECTION 20. IC 3-10-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Special elections
are governed by other provisions of this title as far as applicable.
(b) Except as provided in section 7 of this chapter, IC 3-12-8-17, or
IC 3-12-11-18, candidates in special elections shall be nominated in the
same manner as candidates are nominated:
(1) to fill vacancies on the ballot under IC 3-13-1; or IC 3-13-2;
or
(2) under IC 3-8-6, if a candidate does not intend to affiliate with
a regular political party or represents a political party not
qualified to nominate candidates at a primary election or by
convention.
SOURCE: IC 3-11-10-1.5; (05)IN1370.1.21. -->
SECTION 21. IC 3-11-10-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. (a) This section
applies to a voter
(1) voting by an absentee ballot that includes a candidate for
election to an office who:
(A) ceases to be a candidate; and
(B) is succeeded by a candidate selected under IC 3-13-1; or
IC 3-13-2; or
(2) casting a replacement absentee ballot under IC 3-11-2-16.
(b) If:
(1) the original absentee ballot has not been delivered to the
appropriate precinct; and
(2) the absentee voter's name has not been marked on the poll list
under section 16 of this chapter;
the absentee voter may recast the voter's ballot under this section. To
obtain another set of ballots the absentee voter must present a written
request for another set of ballots from the circuit court clerk.
(c) Upon receiving a written request under subsection (b), the circuit
court clerk shall do the following:
(1) Place the written request with the absentee voter's original
ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with the other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
SOURCE: IC 3-11.5-4-2; (05)IN1370.1.22. -->
SECTION 22. IC 3-11.5-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) This section
applies to a voter voting by an absentee ballot that is defective and
ordered corrected under IC 3-11-2-16. or includes a candidate for
election to office who:
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1. or
IC 3-13-2.
(b) Through the last day before the election day, an absentee voter
may recast the ballot during the period specified by IC 3-11-10-26. To
obtain another set of ballots, the absentee voter must present a written
request for another set of ballots from the circuit court clerk.
(c) Upon receiving a written request under subsection (b), the circuit
court clerk shall do the following:
(1) Place the written request with the absentee voter's original
ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
SOURCE: IC 3-12-1-14; (05)IN1370.1.23. -->
SECTION 23. IC 3-12-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) This section
does not apply to a vote:
(1) cast for president or vice president of the United States under
IC 3-10-4-6; or
(2) described by section 15 of this chapter.
(b) A vote cast for a candidate who ceases to be a candidate may not
be counted as a vote for a successor candidate selected under
IC 3-13-1. or IC 3-13-2.
SOURCE: IC 3-12-1-15; (05)IN1370.1.24. -->
SECTION 24. IC 3-12-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. (a) This section
applies to a vote cast for one (1) straight party ticket that includes a
candidate for election to office who:
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1. or
IC 3-13-2.
(b) A vote cast in the election for the original nominee is considered
a vote cast for the successor.
SOURCE: IC 3-12-1-17; (05)IN1370.1.25. -->
SECTION 25. IC 3-12-1-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 17. (a) This section does not apply to a vote:
(1) cast for president or vice president of the United States
under IC 3-10-4-6; or
(2) described by section 14 or 15 of this chapter.
(b) A vote cast for a candidate who ceases to be a candidate
after the delivery of absentee ballots to the circuit court clerk
under IC 3-11-4-13 or IC 3-11-4-15 is considered a vote cast for the
candidate's successor.
SOURCE: IC 3-13-1-1; (05)IN1370.1.26. -->
SECTION 26. IC 3-13-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. Except as provided
in section 18 or 20 of this chapter, this chapter applies to the filling of
a candidate vacancy that arises for any reason if the vacancy leaves a
major political party without a candidate for the office and occurs
before the thirtieth day required by IC 3-11-4-13 or IC 3-11-4-15 for
the delivery of absentee ballots to the circuit court clerk before a
general, special, or municipal election.
SOURCE: IC 3-13-2-1; (05)IN1370.1.27. -->
SECTION 27. IC 3-13-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. This chapter applies
to the filling of a candidate vacancy that exists due to the:
(1) death of a political party's candidate;
(2) withdrawal of a candidate who has moved from the election
district;
(3) disqualification of a candidate under IC 3-8-1-5; or
(4) issuance of a court order under IC 3-8-7-29(d);
for nomination or election to an office at a general, municipal, or
special election on or after the thirty-first day required by
IC 3-11-4-13 or IC 3-11-4-15 for the delivery of absentee ballots to
the circuit court clerk before a general, municipal, or special election.
SOURCE: IC 3-13-2-1.5; (05)IN1370.1.28. -->
SECTION 28. IC 3-13-2-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 1.5. (a) A candidate vacancy described by section 1 of
this chapter may not be filled before the general, municipal, or
special election.
(b) In the event of a candidate vacancy described in section 1 of
this chapter:
(1) the name of the original nominee stays on the ballot; and
(2) if the original nominee wins the election, the vacancy in the
office is filled under this article.
SOURCE: IC 33-23-11-15; (05)IN1370.1.29. -->
SECTION 29. IC 33-23-11-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. (a) The statement
of economic interests must be filed with the commission on judicial
qualifications:
(1) not later than February 1 if the individual is required to file the
statement as an officeholder; or
(2) if a candidate for office, before the individual (or a political
party officer acting on behalf of the individual) files:
(A) a declaration of candidacy, if required under IC 3-8-2 or
IC 3-8-4-11;
(B) a certified petition of nomination with the Indiana election
division under IC 3-8-6;
(C) a certificate of nomination under IC 3-8-7-8;
(D) a certificate of candidate selection under IC 3-13-1; or
IC 3-13-2; or
(E) a declaration of intent to be a write-in candidate, if
required under IC 3-8-2.
(b) In a county where judges are selected by a county commission
on judicial qualifications, a candidate must file a statement with the
county commission on judicial qualifications and with the commission
on judicial qualifications.
SECTION 30. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2005]: IC 3-11-2-4; IC 3-11-3-29; IC 3-11-3-29.5;
IC 3-11-3-30; IC 3-12-1-16; IC 3-13-2-2; IC 3-13-2-3; IC 3-13-2-4;
IC 3-13-2-5; IC 3-13-2-6; IC 3-13-2-7; IC 3-13-2-8; IC 3-13-2-9;
IC 3-13-2-10; IC 3-13-2-11; IC 3-13-2-12.