Introduced Version






HOUSE BILL No. 1169

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-5-9; IC 3-8-2-7; IC 3-10-1-6; IC 3-10-1-9.

Synopsis: Political party affiliation. Provides that an individual may not be considered to be affiliated with a political party for purposes of candidacy in the party's primary election or to vote in the party's primary election if the individual has filed a written statement with a chairman of the political party stating in substance that: (1) the individual renounces the individual's previous affiliation with the political party; (2) the individual is a member of a different political party; or (3) the individual is an independent. Provides that an individual who has renounced a party affiliation may reaffiliate with that political party as provided in the party's rules. Relocates current standards for determining party affiliation into one Indiana Code location. Makes conforming changes.

Effective: Upon passage.





Brown C




    January 9, 2006, read first time and referred to Committee on Elections and Apportionment.







Introduced

Second Regular Session 114th General Assembly (2006)


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 2005 Regular Session of the General Assembly.

HOUSE BILL No. 1169



    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 3-5-9; (06)IN1169.1.1. -->     SECTION 1. IC 3-5-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 9. Standards for Determining Party Affiliation
    Sec. 1. This chapter applies only to determination of party affiliation for the following:
        (1) A candidate in a primary election.
        (2) A voter voting in a primary election.
    Sec. 2. (a) A candidate is considered to be affiliated with a political party only if any of the following applies:
        (1) The most recent primary election in which the candidate voted was a primary election held by the party with which the candidate claims affiliation.
        (2) The candidate has never voted in a primary election and claims a party affiliation.
        (3) The county chairman of:
            (A) the political party with which the candidate claims

affiliation; and
            (B) the county in which the candidate resides;
        certifies that the candidate is a member of the political party.
    (b) Notwithstanding subsection (a), a candidate may not be considered to be affiliated with a political party if the candidate has filed a written statement with the chairman of the political party stating in substance any of the following:
        (1) The candidate renounces the candidate's previous affiliation with the political party.
        (2) The candidate is a member of a different political party.
        (3) The candidate is an independent.
    (c) For purposes of this section, an individual may reaffiliate with a political party only as provided in the political party's rules.
    Sec. 3. (a) A voter voting in a primary election is considered to be affiliated with a political party only if either of the following applies:
        (1) The voter, at the last general election, voted for a majority of the regular nominees of the political party holding the primary election.
        (2) The voter did not vote at the last general election, but intends to vote at the next general election for a majority of the regular nominees of the political party holding the primary election.
    (b) Notwithstanding subsection (a), a voter may not be considered to be affiliated with a political party if the voter has filed a written statement with the chairman of the political party stating in substance any of the following:
        (1) The voter renounces the voter's previous affiliation with the political party.
        (2) The voter is a member of a different political party.
        (3) The voter is an independent.
    (c) For purposes of this section, an individual may reaffiliate with a political party only as provided in the political party's rules.

SOURCE: IC 3-8-2-7; (06)IN1169.1.2. -->     SECTION 2. IC 3-8-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 IC 3-5-9-2 and permit the candidate to indicate on the declaration of candidacy which of clauses (A), (B), or (C) standard of party affiliation under IC 3-5-9-2 applies to the candidate. If a candidate claims party affiliation under clause (C), IC 3-5-9-2(a)(3), the candidate must attach to the candidate's declaration of candidacy the written certification of the county chairman required by clause (C). IC 3-5-9-2(a)(3).
        (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.
SOURCE: IC 3-10-1-6; (06)IN1169.1.3. -->     SECTION 3. IC 3-10-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. A voter may vote at a primary election only if both of the following apply:
        (1) if The voter at the last general election, voted for a majority of the regular nominees of the political party holding the primary election; or is considered affiliated with the political party as provided in IC 3-5-9-3.
        (2) if the voter did not vote at the last general election, but intends to vote at the next general election for a majority of the regular nominees of the political party holding the primary election;
as long as
         (2) The voter was registered as a voter at the last general election or has registered since then.
SOURCE: IC 3-10-1-9; (06)IN1169.1.4. -->     SECTION 4. IC 3-10-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. A voter in a precinct may challenge a voter or person who offers to vote at a primary election. The challenged person may not vote unless all the following apply:
        (1)
The challenged person
        (1) is registered.
        (2) The challenged person makes:
            (A) an oral or a written affirmation under IC 3-10-12; or
            (B) an affidavit:
                (i) that the challenged person is a voter of the precinct; or
                (ii) required under IC 3-10-11 if the voter declares that the voter is entitled to vote under IC 3-10-11. and
        (3) either:
            (A) at the last general election voted for a majority of the regular nominees of the political party for whose candidates the challenged person proposes to vote in the primary election and intends to vote for the regular nominees of the political party at the next general election; or
            (B) if the challenged person did not vote at the last general election, intends to vote at the next general election for a majority of the regular nominees of the political party holding the primary election.
         If the person is challenged under section 10 of this chapter, the challenged person makes a written affirmation that the person is affiliated with the political party (as provided in IC 3-5-9-3) in whose primary election the voter offers to vote.
SOURCE: ; (06)IN1169.1.5. -->     SECTION 5. An emergency is declared for this act.