Bill Text: IN HB1131 | 2013 | Regular Session | Introduced
Bill Title: Candidate qualifications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Elections and Apportionment [HB1131 Detail]
Download: Indiana-2013-HB1131-Introduced.html
Citations Affected: IC 3-8; IC 3-13.
Synopsis: Candidate qualifications. Provides that a person who is
defeated: (1) in a primary election; or (2) as a candidate for nomination
at a convention or by a caucus to fill an early or late ballot vacancy; is
not eligible to become a candidate for any office in the next general or
municipal election. Requires a person filing: (1) a declaration of intent
to be a write-in candidate; or (2) a petition for nomination as an
independent or minor political party candidate; to certify that the
person is not a defeated candidate for any office on the ballot for the
election for which the person is filing to be a write-in or petition
candidate. Repeals provisions that allow a defeated candidate to be
appointed to fill a vacancy on the ballot for the next general or
municipal election by the political party with which the person is
affiliated as a candidate.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Elections and
Apportionment.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered a candidate for the same office as a candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written request for placement on the presidential primary ballot under IC 3-8-3.
(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) A statement that the candidate has not been defeated:
(A) in a primary election; or
(B) as a candidate:
(i) at a convention; or
(ii) by a caucus under IC 3-13-1 or IC 3-13-2;
for any office on the ballot for the election for which the candidate is filing to be a write-in candidate.
(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.
(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.
(9) A statement that the candidate has not been defeated:
(A) in a primary election; or
(B) as a candidate:
(i) at a convention; or
(ii) by a caucus under IC 3-13-1 or IC 3-13-2;
for any office on the ballot for the election for which the
candidate is filing the petition.
(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 on the date specified under IC 3-8-7-16 for the certification of candidates and public questions by the election division:
(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.
(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.
(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.
