HB 1430-1_ Filed 02/21/2003, 15:09
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
14
NO:
0
MR. SPEAKER:
Your Committee on Elections and Apportionment , to which was referred House Bill
1430 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Between the enacting clause and line 1, begin a new paragraph and
insert:
SOURCE: IC 1-1-3.5-3; (03)CR143001.1. -->
"SECTION 1.
IC 1-1-3.5-3
, AS AMENDED BY P.L.170-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) For purposes of the statutes described in
section 5(c) of this chapter, a reference to population is a reference to
population as determined by the most recent of the following:
(1) Federal decennial census.
(2) Federal special census.
(3) Special tabulation.
(4) Corrected population count.
(b) For purposes of statutes relating to drawing boundaries of
county executive districts, county fiscal body districts, municipal
legislative body districts, or the districts of any other political
subdivision, a reference to population is a reference to population
as determined by the most recent of the following:
(1) Federal decennial census.
(2) Federal special census.
(3) Special tabulation.
(4) Corrected population count.
(c) For purposes of a noncode statute, a reference to population is
the population determined by the most recent federal decennial census
in effect before the passage of the statute, unless the population
description in the statute is changed by subsequent legislation.
(c) (d) For purposes of statutes not described in subsection (a), or
(b), or (c), a reference to population is the population determined by
the most recent federal decennial census in effect, unless the statute
specifically provides otherwise.
(d) (e) This subsection applies to a political subdivision located in
more than one (1) county. If a political subdivision is described in a
statute by reference to the county in which the political subdivision is
located, the reference is to the county that contains a majority of the
population of the political subdivision.
(e) (f) The effective date of each:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
is April 1 of the calendar year following the year in which the
tabulation of population or corrected population count is delivered to
the state by the United States Secretary of Commerce under 13 U.S.C.
141 and received by the governor.
(f) (g) Promptly upon receiving the tabulation of population or
corrected population count, the governor shall issue an executive order:
(1) evidencing the date of receipt; and
(2) noting that the effective date of the tabulation of population or
corrected population count for purposes of any statute described
in this section is April 1 of the following year.".
SOURCE: Page 1, line 17; (03)CR143001.1. -->
Page 1, line 17, after "(a)" insert " This section applies after
December 31, 2003.
(b)".
Page 2, line 4, delete "(b)" and insert " (c)".
Page 2, delete lines 7 through 19.
Page 5, between lines 38 and 39, begin a new paragraph and insert:
SOURCE: IC 3-8-1-2; (03)CR143001.11. -->
"SECTION 11.
IC 3-8-1-2
, AS AMENDED BY P.L.176-1999,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: 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; or
(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 36-8-6-12.
(f) (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: Page 6, line 6; (03)CR143001.6. -->
Page 6, line 6, delete "be affiliated with" and insert " comply with
any candidate requirement set by state party rules.".
Page 6, delete lines 7 through 9.
Page 8, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 3-8-6-12; (03)CR143001.14. -->
"SECTION 14.
IC 3-8-6-12
, AS AMENDED BY P.L.26-2000,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12. (a) A petition of nomination for an office filed
under section 10 of this chapter must be filed with and, except as
provided in subsection (d), certified by the person with whom a
declaration of candidacy must be filed under
IC 3-8-2.
(b) The petition of nomination must be accompanied by the
following:
(1) The candidate's written consent to become a candidate.
(2) 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.
(3) If the candidate is subject to
IC 3-9-1-5
, a statement by the
candidate that the candidate has filed a campaign finance
statement of organization under
IC 3-9-1-5
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
for filing a petition for nomination under section 10 of this
chapter.
(4) If the candidate is subject to
IC 3-9-1-5.5
, a statement by the
candidate that the candidate is aware of the requirement 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.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a previous
primary or general election; and
(B) has filed all reports required by
IC 3-9-5-10
for all
previous candidacies.
(6) A statement that each candidate is legally qualified to hold the
office that the candidate seeks, including any applicable residency
requirements and restrictions on service due to a criminal
conviction.
(7) If the petition is filed with the secretary of state for an office
not elected by the electorate of the whole state, a statement signed
by the circuit court clerk of each county in the election district of
the office sought by the individual.
(8) Any statement of economic interests required under
IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district of
the office sought by the individual filing the petition.
(d)
The person with whom the petition of nomination must be
filed under subsection (a) shall:
(1) determine whether a sufficient number of signatures as
required by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of
signatures, certify the petition.
(B) If the petition has an insufficient number of signatures,
deny the certification.
(e) The secretary of state shall, by noon August 20:
(1) certify;
or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office to the
appropriate county.
(e) (f) The commission shall provide that the form of a petition of
nomination includes 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.
(f) (g) A candidate's consent to become a 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
consent to become a candidate. If there is a difference between the
name on the candidate's consent to become a candidate and the name
on the candidate's voter registration record, the officer with whom the
consent to become a 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 consent to become a candidate.
(h) If the person with whom the petition was filed denies
certification under subsection (d), the person shall notify the
candidate immediately by certified mail.
(i) A candidate may contest the denial of certification under
subsection (d) based on:
(1) the circuit court clerk's or board of registration's failure
to certify, under section 8 of this chapter, qualified
petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in
IC 3-8-1-2
and section 14 of this chapter
that applies to questions concerning the validity of a petition of
nomination.".
SOURCE: Page 8, line 36; (03)CR143001.8. -->
Page 8, line 36, after "state" insert " or contesting the denial of
certification under section 12(d) of this chapter".
Page 8, line 38, after "nomination" insert " or contesting the denial
of certification under section 12(d) of this chapter".
Page 8, line 38, after "IC 3-8-1-2(c)" insert " or
IC 3-8-1-2
(e)".
Page 8, line 42, after "clerk" insert " or contesting the denial of
certification under section 12(d) of this chapter".
Page 9, line 2, after "nomination" insert " or contesting the denial
of certification under section 12(d) of this chapter".
Page 9, line 3, after "IC 3-8-1-2(c)" insert " or
IC 3-8-1-2
(e)".
Page 9, line 9, after "nomination" insert " or the denial of
certification under section 12(d) of this chapter".
Page 9, line 34, strike "(a)".
Page 9, line 39, strike "(b) The election division shall, not later than
noon".
Page 9, delete line 40.
Page 9, strike lines 41 through 42.
Page 9, after line 42, begin a new paragraph and insert:
SOURCE: IC 3-8-7-14; (03)CR143001.18. -->
"SECTION 18.
IC 3-8-7-14
, AS AMENDED BY P.L.260-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 14.
(a) This section does not apply to the
certification of nominees under
IC 3-10-4-5.
(b) A certificate of nomination required to be filed with the election
division or circuit court clerk shall be filed not later than noon July 15
before the date fixed for the election of the person nominated.".
SOURCE: Page 10, line 2; (03)CR143001.10. -->
Page 10, line 2, after "(a)" insert " This section does not apply to
the certification of nominees under
IC 3-10-4-5.
(b)".
Page 10, line 4, reset in roman "August 20".
Page 10, line 4, delete "seventy-four (74) days before the date of".
Page 10, line 5, delete "the general election".
Page 10, line 5, strike "(or noon sixty (60) days before the general".
Page 10, strike line 6.
Page 10, reset in roman line 7.
Page 10, line 24, strike "(b)" and insert " (c)".
Page 17, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 3-10-1-13; (03)CR143001.27. -->
"SECTION 27.
IC 3-10-1-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. The primary
election paper ballots and ballot cards of each political party must be
of uniform size and of the same quality paper as the paper ballots and
ballot cards used at the general election. The paper ballots and ballot
cards must be distinctively marked or be of a different color for so
that the ballots of each party holding a primary election. are easily
distinguishable. All the candidates representing one (1) party shall be
placed on one (1) ticket with the name of the party placed at the top in
the form prescribed by section 19 of this chapter.".
SOURCE: Page 19, line 11; (03)CR143001.19. -->
Page 19, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 3-10-4-5; (03)CR143001.31. -->
"SECTION 31.
IC 3-10-4-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: 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:
(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 names of:
(1) all candidates for presidential electors; and
(2) all nominees for President and Vice President of the United
States;
shall be certified by to the election division not later than noon on
the second Tuesday in September 1 before the general election. The
election division shall certify to each county election board not
later than noon on the second Thursday in September before the
general election the names of the nominees for President and Vice
President of the United States certified to the election division
under this subsection.
(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: Page 19, line 27; (03)CR143001.19. -->
Page 19, between lines 27 and 28, begin a new paragraph and insert:
SOURCE: IC 3-11-2-2; (03)CR143001.33. -->
"SECTION 33.
IC 3-11-2-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. Each county election
board shall have the:
(1) names of all candidates for United States Representative,
legislative offices, and local offices; and
(2) local public questions;
in election districts within the county printed on ballots a ballot as
provided in this chapter. The county may print all offices on a single
ballot under this section.
SOURCE: IC 3-11-2-4; (03)CR143001.34. -->
SECTION 34.
IC 3-11-2-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4.
(a) Except as
provided in subsection (c), the election division and county election
boards shall use the following colors for paper ballots:
(1) For President and Vice President of the United States, cherry
red paper.
(2) For United States Senator, state offices, and public questions,
if the public question:
(A) is voted on by the entire electorate of Indiana; or
(B) concerns the retention of a justice of the Indiana supreme
court or a judge of the Indiana court of appeals;
pink paper.
(3) For municipal offices, blue paper.
(4) For township offices, yellow paper.
(5) For United States Representative, county offices, school board
offices, and all other offices, white paper.
(6) For local public questions, green paper.
(b) The chairman or committee responsible for supplying pasters
under
IC 3-11-3-29
shall supply pasters of the same color as the ballot
on which the paster will be placed.
(c) A county election board, by unanimous vote of its entire
membership, may print ballots for township offices in any color if the
ballot for township offices in each township within the county is not the
same color as any:
(1) other township ballot within the county; or
(2) ballot for other offices or public questions listed in subsection
(a).".
SOURCE: Page 19, line 35; (03)CR143001.19. -->
Page 19, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 3-11-4-13; (03)CR143001.36. -->
"SECTION 36.
IC 3-11-4-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) Except as
provided in
subsection subsections (b)
and (c), the absentee ballots
that are prepared and printed under the direction of the election
division shall be delivered to the circuit court clerk or the clerk's
authorized deputy not less than forty-five (45) days before a general
election or twenty-nine (29) days before a special election. The
absentee ballots shall be delivered in the same manner that other
official ballots are delivered.
(b)
This subsection applies to the printing of absentee ballots for
a general election in which the names of nominees for President
and Vice President of the United States are to be printed on the
ballot. The absentee ballots that are prepared and printed under
the direction of the election division shall be delivered to the circuit
court clerk not later than thirty-eight (38) days before the general
election.
(c) An absentee ballot described by section 12(d) of this chapter
shall be delivered by the election division to the circuit court clerk or
the clerk's authorized deputy not later than the first Monday in June
before a general election.
SOURCE: IC 3-11-4-14; (03)CR143001.37. -->
SECTION 37.
IC 3-11-4-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. All absentee ballots
other than those specified in section 12 of this chapter shall be prepared
and printed under the direction of each county election board. After
completing the estimate required by section 10 of this chapter and
receiving all certifications from the election division required
under IC 3-8 or IC 3-10, the county election board shall immediately
proceed to prepare and have printed the ballots. Ballots prepared by the
county election board under this section must provide space for the
voter to cast a write-in ballot.
SOURCE: IC 3-11-4-15; (03)CR143001.38. -->
SECTION 38.
IC 3-11-4-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15. (a) Except as
provided in subsection (b), the absentee ballots that are prepared and
printed under the direction of a county election board shall be delivered
to the circuit court clerk (or the board acting under
IC 3-6-5.2
) at
least:
(1) forty-five (45) days before a general, primary, or municipal
election;
(2) thirty-two (32) days before a special election.
(b) This subsection applies to the printing of absentee ballots for
a general election in which the names of nominees for President
and Vice President of the United States are to be printed on the
ballot. The absentee ballots that are prepared and printed under
the direction of a county election board shall be delivered to the
circuit court clerk (or the board acting under
IC 3-6-5.2
) not later
than thirty-eight (38) days before the general election.".
SOURCE: Page 20, line 17; (03)CR143001.20. -->
Page 20, delete lines 17 through 23.
Page 22, line 21, delete "recount" and insert " contest".
Page 23, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 3-13-1-20; (03)CR143001.48. -->
"SECTION 48.
IC 3-13-1-20
, AS AMENDED BY P.L.260-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 20. (a) This section applies to a political party
subject to
IC 3-8-4-10.
(b) A candidate vacancy that exists following the convention of the
party shall be filled by the state committee of the political party not
later than noon June 30 before election day. The chairman of the state
committee shall file a notice of intent to fill the candidate vacancy
with the official who is required to receive a certificate of candidate
selection under section 15 of this chapter. The notice must be filed
not later than ten (10) days before the chairman fills the candidate
vacancy. The chairman of the state committee shall act in accordance
with section 15 of this chapter to certify the candidate selected to fill
the vacancy.
(c) This subsection applies to a candidate vacancy resulting from a
vacancy on the general election ballot resulting from the failure of the
convention to nominate a candidate for an office. The certificate
required by subsection (b) shall be filed not later than noon July 3
before election day.
(d) This subsection applies to all candidate vacancies not described
by subsection (c). The certificate required by subsection (b) shall be
filed not more than three (3) days (excluding Saturdays and Sundays)
after selection of the candidates.".
SOURCE: Page 24, line 10; (03)CR143001.24. -->
Page 24, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 3-14-3-16; (03)CR143001.51. -->
"SECTION 51.
IC 3-14-3-16
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. (a) As used in this
section, "electioneering" includes expressing support or opposition to
any candidate or political party or expressing approval or disapproval
of any public question in any manner that could reasonably be expected
to convey that support or opposition to another individual.
(b) A person who knowingly does any electioneering:
(1) on election day within:
(A) the polls; or
(B) fifty (50) feet of the entrance to the polls; or
(2) within an area in the office of the circuit court clerk used by
an absentee voter board to permit an individual to cast an
absentee ballot;
commits a Class D felony. Class A misdemeanor.
SOURCE: IC 3-14-4-9; (03)CR143001.52. -->
SECTION 52.
IC 3-14-4-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. An election officer
who knowingly:
(1) discloses to a person the name of a candidate for whom a voter
has voted or how a voter voted on a public question; or
(2) does any electioneering on election day;
commits a Class D felony. Class A misdemeanor.".
SOURCE: Page 28, line 31; (03)CR143001.28. -->
Page 28, delete lines 31 through 32, begin a new paragraph and
insert:
SOURCE: IC 3-11-13-4; (03)CR143001.54. -->
"SECTION 54.
IC 3-11-13-4
IS REPEALED [EFFECTIVE JULY
1, 2003].
SOURCE: ; (03)CR143001.55. -->
SECTION 55. [EFFECTIVE JULY 1, 2003]
IC 3-8-1-2
,
IC 3-8-6-12
, and
IC 3-8-6-14
, all as amended by this act, apply to
all elections held after December 31, 2003.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1430 as introduced.)
and when so amended that said bill do pass.
__________________________________
CR143001/DI 75 2003