Introduced Version






SENATE BILL No. 205

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-8.

Synopsis: Candidates' consumer credit scores. Requires a candidate for a state office, legislative office, local office, or school board office that includes: (1) the duty to prepare a budget estimate, an annual budget, or a biennial budget; or (2) the power to adopt or fix an annual or biennial budget; to submit with the individual's declaration of candidacy the candidate's current consumer credit score from at least one consumer reporting agency.

Effective: July 1, 2008.





Walker




    January 8, 2008, read first time and referred to Committee on Local Government and Elections.







Introduced

Second Regular Session 115th General Assembly (2008)


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.
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SENATE BILL No. 205



    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 3-8-2-2.5; (08)IN0205.1.1. -->     SECTION 1. IC 3-8-2-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2.5. (a) A person who desires to be a write-in candidate for a federal, state, legislative, or local office or school board office in a general, municipal, or school board election must file a declaration of intent to be a write-in candidate with the officer with whom declaration of candidacy must be filed under sections 5 and 6 of this chapter.
    (b) The declaration of intent to be a write-in candidate required under subsection (a) must be signed before a person authorized to administer oaths and must certify the following information:
        (1) The candidate's name must be printed or typewritten as:
            (A) the candidate wants the candidate's name to be certified; and
            (B) the candidate's name is permitted to appear under IC 3-5-7.
        (2) A statement that the candidate is a registered voter and the location of the candidate's precinct and township (or ward and city or town), county, and state.
        (3) The candidate's complete residence address, and if the candidate's mailing address is different from the residence address, the mailing address.
        (4) The candidate's party affiliation or a statement that the candidate is an independent candidate (not affiliated with any party). For purposes of this subdivision, a candidate is affiliated with a political party only if the candidate satisfies section 7(a)(4) of this chapter.
        (5) A statement of the candidate's intention to be a write-in candidate, the name of the office, including the district, and the date and type of election.
        (6) If the candidate is a candidate for the office of President or Vice President of the United States, a statement declaring the names of the individuals who have consented and are eligible to be the candidate's candidates for presidential electors.
        (7) A statement that the candidate:
            (A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
            (B) agrees to comply with the provisions of IC 3-9.
        The candidate must separately sign the statement required by this subdivision.
        (8) A statement as to whether the candidate has:
            (A) been a candidate for state or local office in a previous primary or general election; and
            (B) filed all reports required by IC 3-9-5-10 for all previous candidacies.
        (9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate's principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of intent to be a write-in candidate under section 4 of this chapter.
        (10) If the candidate is subject to IC 3-9-1-5.5, a statement that the candidate is required to file a campaign finance statement of organization under IC 3-9 after the first of either of the following occurs:
            (A) The candidate receives more than five hundred dollars ($500) in contributions.
            (B) The candidate makes more than five hundred dollars ($500) in expenditures.
        (11) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
        (12) The candidate's signature and telephone number.
    (c) At the time of filing the declaration of intent to be a write-in candidate, the write-in candidate is considered a candidate for all purposes.
    (d) A write-in candidate must comply with the requirements under IC 3-8-1 that apply to the office to which the write-in candidate seeks election.
    (e) A person may not be a write-in candidate in a contest for nomination or for election to a political party office.
    (f) A write-in candidate for the office of President or Vice President of the United States must list at least one (1) candidate for presidential elector and may not list more than the total number of presidential electors to be chosen in Indiana.
    (g) The commission shall provide that the form of a declaration of intent to be a write-in candidate includes the following information near the separate signature required by subsection (b)(7):
        (1) The dates for filing campaign finance reports under IC 3-9.
        (2) The penalties for late filing of campaign finance reports under IC 3-9.
    (h) A declaration of intent to be a write-in candidate must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of intent to be a write-in candidate. If there is a difference between the name on the candidate's declaration of intent to be a write-in candidate and the name on the candidate's voter registration record, the officer with whom the declaration of intent to be a write-in candidate is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of intent to be a write-in candidate.
     (i) This subsection applies to a candidate for a state office, legislative office, local office, or school board office that includes:
        (1) the duty to prepare a budget estimate, an annual budget, or a biennial budget; or
        (2) the power to adopt or fix an annual budget or a biennial budget.
At the time of the filing of the declaration of intent to be a write-in candidate after December 31, 2008, the candidate shall submit with the declaration the candidate's current consumer credit score from at least one (1) consumer reporting agency (as defined in IC 24-5-24-3).

SOURCE: IC 3-8-2-7; (08)IN0205.1.2. -->     SECTION 2. IC 3-8-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) The declaration of each candidate required by this chapter must be signed before a person authorized to administer oaths and contain the following information:
        (1) The candidate's name, printed or typewritten as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) A statement that the candidate is a registered voter and the location of the candidate's precinct and township (or ward and city or town), county, and state.
        (3) The candidate's complete residence address, and if the candidate's mailing address is different from the residence address, the mailing address.
        (4) A statement of the candidate's party affiliation. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if any of the following applies:
            (A) The most recent primary election in which the candidate voted was a primary election held by the party with which the candidate claims affiliation.
            (B) The candidate has never voted in a primary election and claims a party affiliation.
            (C) The county chairman of:
                (i) the political party with which the candidate claims affiliation; and
                (ii) the county in which the candidate resides;
            certifies that the candidate is a member of the political party.
        The declaration of candidacy must inform candidates how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy which of clauses (A), (B), or (C) applies to the candidate. If a candidate claims party affiliation under clause (C), the candidate must attach to the candidate's declaration of candidacy the written certification of the county chairman required by clause (C).
        (5) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
        (6) A request that the candidate's name be placed on the official primary ballot of that party to be voted on, the office for which the candidate is declaring, and the date of the primary election.
        (7) A statement that the candidate:
            (A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
            (B) agrees to comply with the provisions of IC 3-9.
        The candidate must separately sign the statement required by this subdivision.
        (8) A statement as to whether the candidate has been a candidate for state or local office in a previous primary or general election and whether the candidate has filed all reports required by IC 3-9-5-10 for all previous candidacies.
        (9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate's principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of candidacy under section 11 of this chapter.
        (10) The candidate's signature.
    (b) The commission shall provide that the form of a declaration of candidacy includes the following information near the separate signature required by subsection (a)(7):
        (1) The dates for filing campaign finance reports under IC 3-9.
        (2) The penalties for late filing of campaign finance reports under IC 3-9.
    (c) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter

registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
     (d) This subsection applies to a candidate for a state office, legislative office, local office, or school board office that includes:
        (1) the duty to prepare a budget estimate, an annual budget, or a biennial budget; or
        (2) the power to adopt or fix an annual budget or a biennial budget.
At the time of the filing of the declaration of candidacy after December 31, 2008, the candidate shall submit with the declaration the candidate's current consumer credit score from at least one (1) consumer reporting agency (as defined in IC 24-5-24-3).

SOURCE: IC 3-8-5-10.5; (08)IN0205.1.3. -->     SECTION 3. IC 3-8-5-10.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10.5. (a) A person who desires to be nominated for a town office by a major political party must file a declaration of candidacy with the circuit court clerk of the county containing the greatest percentage of population of the town.
    (b) A declaration of candidacy must be filed:
        (1) not earlier than January 1; and
        (2) not later than:
            (A) noon August 1 before a municipal election if the town nominates its candidates by convention; and
            (B) the date that a declaration of candidacy must be filed under IC 3-8-2-4 if the town nominates its candidates by a primary election.
    (c) The declaration must be subscribed and sworn to (or affirmed) before a notary public or other person authorized to administer oaths.
    (d) The declaration of each candidate required by this section must certify the following information:
        (1) The candidate's name, printed or typewritten as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) That the candidate is a registered voter and the location of the candidate's precinct and township (or the ward and town), county, and state.
        (3) The candidate's complete residence address and the candidate's mailing address if the mailing address is different from the residence address.
        (4) The candidate's party affiliation and the office to which the

candidate seeks nomination, including the district designation if the candidate is seeking a town legislative body seat.
        (5) That the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
        (6) The candidate's signature.
    (e) This subsection does not apply to a town whose municipal election is to be conducted by a county. Immediately after the deadline for filing, the circuit court clerk shall do all of the following:
        (1) Certify to the town clerk-treasurer and release to the public a list of the candidates of each political party for each office. The list shall indicate any candidates of a political party nominated for an office under this chapter because of the failure of any other candidates of that political party to file a declaration of candidacy for that office.
        (2) Post a copy of the list in a prominent place in the circuit court clerk's office.
        (3) File a copy of each declaration of candidacy with the town clerk-treasurer.
    (f) A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for which a per diem or salary is provided for by law until the original declaration is withdrawn.
    (g) A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same year as a member of a different political party until the original declaration is withdrawn.
    (h) A person who files a declaration of candidacy under this section may file a written notice withdrawing the person's declaration of candidacy in the same manner as the original declaration was filed, if the notice of withdrawal is filed not later than:
        (1) noon August 1 before the municipal election if the town nominates its candidates by convention; and
        (2) the date that a declaration of candidacy may be withdrawn under IC 3-8-2-20 if the town nominates its candidates in a primary election.
    (i) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of

candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
     (j) This subsection applies to a candidate for a town office that includes:
        (1) the duty to prepare a budget estimate, an annual budget, or a biennial budget; or
        (2) the power to adopt or fix an annual budget or a biennial budget.
At the time of the filing of the declaration of candidacy after December 31, 2008, the candidate shall submit with the declaration the candidate's current consumer credit score from at least one (1) consumer reporting agency (as defined in IC 24-5-24-3).

SOURCE: IC 3-8-6-5; (08)IN0205.1.4. -->     SECTION 4. IC 3-8-6-5, AS AMENDED BY P.L.230-2005, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) A petition of nomination must state all of the following:
        (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, including the mailing address, if different from the residence address of the candidate.
        (3) The office that each candidate seeks.
        (4) The information required under IC 3-10-4-5, if the petition nominates candidates for presidential electors.
        (5) That the petitioners desire and are registered and qualified to vote for each candidate.
        (6) Whether the candidate is affiliated with the same political party as any other candidate or group of candidates that has filed or will be filing a petition of nomination with the county voter registration office under section 10 of this chapter. This subdivision does not apply to an independent candidate.
    (b) A petition of nomination must:
        (1) designate a brief name of the political party that the candidates represent;
        (2) indicate that the candidate is an independent candidate; or
        (3) indicate that the candidates are an independent ticket.
    (c) If a political party has previously filed a device with the election division under IC 3-8-7-11, the petition may incorporate that device by reference in the petition. If a political party has not previously filed a device under IC 3-8-7-11, or the petition is for an independent ticket, the petition of nomination may include a device for designating the party or ticket on the ballot.
     (d) This subsection applies to a candidate for a state office, legislative office, local office, or school board office that includes:
        (1) the duty to prepare a budget estimate, an annual budget, or a biennial budget; or
        (2) the power to adopt or fix an annual budget or a biennial budget.
At the time of the filing of the petition of nomination after December 31, 2008, the candidate shall submit with the petition the candidate's current consumer credit score from at least one (1) consumer reporting agency (as defined in IC 24-5-24-3).

SOURCE: IC 3-8-7-8; (08)IN0205.1.5. -->     SECTION 5. IC 3-8-7-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: 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 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.
     (e) This subsection applies to a candidate nominated at a state convention for a state office, legislative office, or local office that includes:
        (1) the duty to prepare a budget estimate, an annual budget, or a biennial budget; or
        (2) the power to adopt or fix an annual budget or a biennial budget.
At the time the certificate of nomination for the candidate is filed with the secretary of state after December 31, 2008, the candidate shall submit with the certificate the candidate's current consumer credit score from at least one (1) consumer reporting agency (as defined in IC 24-5-24-3).