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,
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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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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.