Introduced Version
HOUSE BILL No. 1734
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-8;
IC 3-10-4
; IC 3-11;
IC 3-12-5
;
IC 3-14-3-25.
Synopsis: Electoral college. Provides that Indiana electors for
President and Vice President of the United States are chosen so that the
candidate for President receiving the greatest number of votes in an
Indiana congressional district receives the vote of one Indiana
presidential elector. Provides that the candidate for President receiving
the greatest number of votes in Indiana receives the vote of two at-large
Indiana presidential electors. Requires a presidential elector
representing an Indiana congressional district to vote for President and
Vice President of the United States the candidates who receive the
greatest number of votes in the congressional district. Requires an
at-large presidential elector to vote for President and Vice President of
the United States the candidates who receive the greatest number of
votes in Indiana. Provides that an elector who fails to vote for the
candidates for President and Vice President of the United States for
whom the elector is required to vote commits a Class B misdemeanor.
Effective: July 1, 2001.
Denbo
January 17, 2001, read first time and referred to Committee on Elections and
Apportionment.
Introduced
First Regular Session 112th General Assembly (2001)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1734
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; (01)IN1734.1.1. -->
SECTION 1.
IC 3-8-2-2.5
, AS AMENDED BY P.L.26-2000,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: 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
a 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 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) The candidate's party affiliation or a statement that the
candidate is an independent candidate (not affiliated with any
party).
(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. The
statement must indicate the following:
(A) The individuals designated to be at-large presidential
electors.
(B) The individuals designated to represent Indiana
congressional districts as presidential electors and which
congressional district each individual is designated to
represent.
(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.
SOURCE: IC 3-8-4-2; (01)IN1734.1.2. -->
SECTION 2.
IC 3-8-4-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) A political party shall conduct
a state convention to nominate the candidates of the political party for
the following offices to be voted on at the next general election:
(1) Lieutenant governor.
(2) Secretary of state.
(3) Auditor of state.
(4) Treasurer of state.
(5) Attorney general.
(6) Superintendent of public instruction.
(7) Clerk of the supreme court.
(b) The convention shall also do the following:
(1) Nominate candidates for presidential electors and alternate
electors. and When nominating candidates for presidential
electors, a political party shall designate the following:
(A) The candidates nominated to be at-large presidential
electors.
(B) The candidates nominated to represent an Indiana
congressional district as a presidential elector and which
congressional district each candidate is nominated to
represent.
(2) Elect the delegates and alternate delegates to the national
convention of the political party.
SOURCE: IC 3-10-4-3; (01)IN1734.1.3. -->
SECTION 3.
IC 3-10-4-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 3. The device, title, and names of
nominees appearing on a ballot or ballot label shall be accompanied by
a statement that a ballot cast for the named candidates for President and
Vice President of the United States is considered a ballot cast for the
slate of each of the following:
(1) The presidential electors elector nominated by that political
party or independent candidate to represent the Indiana
congressional district in which the ballot is cast.
(2) The two (2) at-large presidential electors nominated by
that political party or independent candidate.
SOURCE: IC 3-10-4-4; (01)IN1734.1.4. -->
SECTION 4.
IC 3-10-4-4
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 4.
(a) Each vote cast or registered
for the nominees for President and Vice President of the United States
of a political party, group of petitioners, or a write-in candidate for
President or Vice President of the United States
in an Indiana
congressional district is a vote cast or registered, and shall be
counted as a vote, for all of each of the following:
(1) The candidates candidate for presidential electors of elector
nominated by the party, group of petitioners, or candidate and
shall be so counted. to represent the Indiana congressional
district in which the vote is cast or registered.
(2) The two (2) at-large presidential electors nominated by
that political party, group of petitioners, or write-in
candidate.
(b) Except as provided in subsection (c), these votes shall be
counted, canvassed, and certified in the same manner as the votes for
candidates for other offices.
(c) When votes are counted, canvassed, and certified, the total
number of votes for each of the candidates for President and Vice
President in each Indiana congressional district must be reported.
SOURCE: IC 3-10-4-5; (01)IN1734.1.5. -->
SECTION 5.
IC 3-10-4-5
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 5. (a) This subsection applies to a
major political party and to a political party subject to
IC 3-8-4-10.
The
state chairman of each political party shall certify to the election
division the names of the nominees of the party for President and Vice
President of the United States and the state of which each nominee is
a resident.
(b) If candidates for presidential electors are nominated by
petitioners instead of by a convention of a major political party or a
party subject to
IC 3-8-4-10
, the petitioners shall certify with the list of
names of electors
the following information:
(1) The names of their nominees for President and Vice President
of the United States.
(2) The state of which each nominee is a resident.
and
(3) The name of the political party of the nominees, or that the
nominees are an independent ticket.
(c) This subsection applies to a political party described in
subsection (a) and to candidates nominated by petitioners under
subsection (b).
The following information must be certified not later
than noon September 1 before the general election:
(1) The names of
(1) all:
(A) candidates for presidential electors; and
(2) all (B) nominees for President and Vice President of the
United States.
shall be certified by noon September 1 before the general election.
(2) For each presidential elector one (1) of the following:
(A) The congressional district the elector is nominated to
represent.
(B) That the elector is an at-large elector.
(d) The names of all candidates for presidential electors for a
write-in candidate shall be included on the declaration for candidacy
filed by a write-in candidate for the office of President or Vice
President of the United States filed under
IC 3-8-2.
SOURCE: IC 3-10-4-9; (01)IN1734.1.6. -->
SECTION 6.
IC 3-10-4-9
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 9. (a) The presidential electors,
when assembled and after vacancies are filled, shall then vote by paper
ballot for President and Vice President of the United States and
perform the duties imposed upon them by the Constitution and statutes
of the United States and of this state.
(b) Each elector representing an Indiana congressional district
shall vote for the candidates for President and Vice President of the
United States who have been certified to have received the greatest
number of votes in the congressional district the elector represents.
(c) An at-large elector shall vote for the candidates for President
and Vice President of the United States who have been certified to
have received the greatest number of votes in Indiana.
SOURCE: IC 3-11-5-10; (01)IN1734.1.7. -->
SECTION 7.
IC 3-11-5-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) A voting
machine must permit a voter to vote:
(1) except at a primary election, for:
(A) all the candidates of one (1) political party;
(B) one (1) or more candidates of each political party;
(C) one (1) or more candidates nominated by petition under
IC 3-8-6
; or
(D) a write-in candidate, unless the procedures in subsection
(b) are followed;
(2) for as many candidates for an office as the voter may vote for,
but no more; and
(3) for or against a public question on which the voter may vote,
but no other. and
(4) for all the candidates for presidential electors of a political
party or an independent ticket at one (1) time.
(b) In a precinct using voting machines that do not permit write-in
votes, the precinct election board shall provide a paper ballot to a voter
who requests to cast a write-in vote. After such a request, a poll clerk,
an assistant poll clerk, or a member of the precinct election board shall:
(1) require the voter to sign the poll list; and
(2) inform the voter of the procedure that must be followed to cast
a write-in vote.
SOURCE: IC 3-11-7.5-10; (01)IN1734.1.8. -->
SECTION 8.
IC 3-11-7.5-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. An electronic
voting system must permit a voter to vote:
(1) except at a primary election, for all the candidates of one (1)
political party, for one (1) or more candidates of each political
party, or for one (1) or more candidates nominated by petition;
(2) for as many candidates for an office as the voter may vote for,
but no more; and
(3) for or against a public question on which the voter may vote,
but no other. and
(4) for all the candidates for presidential electors of a political
party or an independent ticket at one (1) time.
SOURCE: IC 3-12-5-6; (01)IN1734.1.9. -->
SECTION 9.
IC 3-12-5-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 6. (a) Not later than noon on the
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 each of the following:
(1) Each federal office. When reporting the statement of votes
for President and Vice President of the United States, a circuit
court clerk shall report separately the votes that each
candidate received in each congressional district in the
county.
(2) Each state office.
(3) Each legislative office. and
(4) a Each 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.
SOURCE: IC 3-12-5-7; (01)IN1734.1.10. -->
SECTION 10.
IC 3-12-5-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) Upon receipt of
the certified statements from the circuit court clerks under section 6 of
this chapter and not later than noon of the last Tuesday in November,
the election division shall tabulate the number of votes cast for each
candidate for each of the following:
(1) presidential electors; President and Vice President of the
United States. When tabulating votes for President and Vice
President of the United States, the election division shall
report the following:
(A) The total number of votes that each candidate for
President and Vice President of the United States received
in each Indiana congressional district.
(B) The total number of votes that each candidate for
President and Vice President of the United States received
in Indiana.
(2) a Each state office other than governor and lieutenant
governor. and
(3) a Each local office for which a declaration of candidacy must
be filed with the election division under
IC 3-8-2.
(b) Immediately following the election division's tabulation, the
secretary of state shall certify to the governor the following:
(1) The candidate receiving the highest number of votes for each
office.
(2) The names of the at-large presidential electors elected.
(3) The name of each of the presidential electors elected to
represent Indiana congressional districts and the
congressional district each elector represents.
SOURCE: IC 3-14-3-25; (01)IN1734.1.11. -->
SECTION 11.
IC 3-14-3-25
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 25. A person who is an elector for President and Vice
President of the United States who knowingly or intentionally fails
to vote for the candidates for President and Vice President of the
United States for whom the elector is required to vote under
IC 3-10-4-9
commits a Class B misdemeanor.